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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 June 26, 2009, the Defendant was issued a summary order of KRW 4 million by the Suwon District Court due to a violation of the Road Traffic Act (driving) and a fine of KRW 5 million by the same court on August 22, 2012.
On March 30, 2014, the Defendant, without a driver’s license, driven a scoo in the large-scale ecoo that does not have a number plate in approximately 100 meters away from the Do in front of the gym middle school located in the ecoo in the ecoo-Eup in the ecoocoo, while under the influence of alcohol by 0.163% of the blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of a summary order), and application of each summary order statutes;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 2 of Article 154 of the Road Traffic Act, and Article 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the favorable reasons among the reasons for probation under the following year);
1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act shall be taken into consideration, such as the fact that a person has been punished for driving under the influence of alcohol
1. Article 62-2 (1) of the Criminal Act to attend lectures;