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A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 4, 2013, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on March 4, 2013, and was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on October 2, 2013.
On September 29, 2013, the Defendant, who was punished twice or more for a violation of the Road Traffic Act (driving) as above, driven a CSz-man car without obtaining a driver’s license at approximately 0.110% under the influence of alcohol in the section of about 100 meters from the street in the vicinity of the drinking flux in Seo-gu Incheon National University, Seo-gu, Incheon to the front day of the license in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of driving under the influence of alcohol and the result of driving under the influence of alcohol;
1. A report on the circumstances of driving without a license and an inquiry about driver's license;
1. Inquiries, such as criminal records, and the application of Acts and subordinate statutes reporting criminal investigations;
1. Relevant statutory driving for a crime: Points of driving without a license under Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act (the punishment shall be imposed for a violation of the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that there is no previous conviction who has been sentenced to imprisonment without prison labor or heavier punishment, driving does not lead to a traffic accident, or reflects the wrongness);
1. Article 62 (1) of the Criminal Act on the suspended execution.