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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
[criminal power] On February 12, 2010, the Defendant received a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act, and KRW 5 million as a fine in the same court on December 28, 2012.
【Criminal Facts】
On January 29, 2015, at around 22:22, the Defendant driven B truck under the influence of alcohol concentration of about 700 meters from the nearest road of the Maart Seo-gu Seoul Metropolitan Area “Mambang datum” to the front day of the daily distance in front of the front day of the Tong-gu, Seoan-gu, the Defendant driven B truck under the influence of alcohol concentration of 0.071% without a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. A driver's license inquiry;
1. Notification of the control of drinking driving;
1. A statement on criminal records, etc.;
1. Application of Acts and subordinate statutes to investigation reports (former and summary orders);
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 Decisions 201Do1148, Apr. 1, 201; 201Do1148, Apr. 2,
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);
1. Order to attend lectures under Article 62-2 of the Criminal Act;