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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Criminal facts
On October 28, 2008, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act at the Seoul Southern District Court on October 28, 2008, and was sentenced to a fine of 1.5 million won for the same crime at the Changwon District Court on January 28, 2008.
1. At around 23:30 on March 15, 201, the Defendant: (a) started in front of a restaurant in the trade name and aesthetic part of the assets dong in Changwon-si, Changwon-si; and (b) driven Bone Star or bone bus to the front road in the annexed forest department located in the same Gu-dong.
2. While under the influence of alcohol content of 0.233% without a driver’s license, the Defendant driven C truck on May 9, 2012, around 20:10, on the road front of the Changwon-si, Changwon-si, Changwon-si, Masan-si, 8-ro 1, 2012.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Written statements prepared in D;
1. Report on the results of the control of drinking driving, each report on the state of drinking drivers, and the report on the state of drinking drivers;
1. Copy of the statement of cancellation of license, details of disposition on cancellation of driver's license, and ledger of driver's licenses
1. Previous convictions indicated in judgment: Application of a copy of each criminal record and summary order;
1. Subparagraph 1 of Article 148-2 of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 2011); Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (amended by Act No. 10790, Jun. 8, 201); Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (amended by Act No. 1482, Jun. 1, 201); Articles 152 subparagraph 1 and 43 of the same Act concerning the crime;
1. Articles 40 and 50 (Punishment of the crimes under paragraph (2) of the same Article at the time of sale) of the Criminal Act for the ordinary concurrent crimes, and the crimes under Articles 40 and 50 (Punishment of the Crimes under paragraph (2) of the same Article, and those for the violation of the Road Traffic Act with heavier punishment;
1. Selection of imprisonment with prison labor chosen;
1. The sentence of the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes shall be heavier;