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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 30, 2008, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for a crime of violating the Road Traffic Act by the Jeju District Court. On December 21, 2009, the Defendant was issued a summary order of KRW 2.5 million with the same crime in the same court. On May 26, 2014, the Changwon District Court issued a summary order of KRW 7 million for a crime of violating the Road Traffic Act.
On November 8, 2015, the Defendant was under the influence of alcohol content of 0.096% in blood without obtaining a driver’s license for a motor vehicle on November 21, 2015, and was driving a gallon II mallon from the section of approximately 500 meters to the gallon’s gallon’s gallon’s gallon’s gallon’s gallon’s gallon’s gallon’s gallon’s gals in the
Summary of Evidence
1. Statement by the defendant in court;
1. Notice of the result of regulating the driving of drinking alcohol and report on the situation of the driver of drinking alcohol;
1. The driver's license ledger and the driver's license ledger (B);
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (referring to such previous convictions and report);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment (i.e., reflectability of the accused and the fact that there is no record of punishment exceeding the fine, considering extenuating circumstances);
1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);
1. Article 62-2 of the Criminal Act on orders to provide community service and attend lectures (to prevent the recidivism);