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A defendant shall be punished by imprisonment for six 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 12, 2009, the Defendant issued a summary order of KRW 1.5 million to the Jeonju District Court for a crime of violation of the Road Traffic Act. On April 27, 2015, the Defendant filed a request for a summary order of KRW 2 million with the Suwon District Court for the same crime.
On May 24, 2015, the Defendant, without obtaining a driver’s license at around 00:00, driven a vehicle in C the Cmecin at approximately 4km from the vicinity of the Gyeonggi branch of the Road Traffic Authority located in Yeongdeungpo-gu, Young-gu, Suwon-si to the head of Sinwon-si, Sinwon-si, to the front day of the scark-si.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual status of a host driver;
1. Notice of measurement records and results of the regulation of drinking driving;
1. Registers of driver's licenses;
1. Criminal records as stated in the judgment: Criminal history records, investigation reports (attached to a summary order for driving the same kind of drinking driving), summary order, report on the results of confirmation of the previous disposition (in the form of 40 pages of investigation records), application of Acts and subordinate statutes (in the form of 41 pages of investigation records);
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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 200Hun-day confinement period; Supreme Court Decision 200Da1448, Apr. 2, 2008; Supreme Court Decision 200Da14488, Apr. 2, 2008)
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);
1. Probation Orders under Article 62-2 of the Criminal Act;