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A defendant shall be punished by imprisonment for not less than eight months.
However, 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 22, 2010, the Defendant received a summary order of a fine of two million won or more for a violation of the Road Traffic Act from the original branch of the Chuncheon District Court on March 22, 2010, and on October 27, 2014, a fine of 1.5 million won or more for the same crime in the same court.
On February 22, 2015, at around 02:25, the Defendant driven an E 7 vehicle under the influence of alcohol with a blood alcohol concentration of 0.124%, without obtaining a driver’s license, from around 40 meters in a section from the front side of the '12-day-dong' road in the original city level to the front side of the same city.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Registers of driver's licenses, and car4;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same summary order) and Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;