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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 July 2, 2013, the Defendant issued a fine of three million won for a violation of the Road Traffic Act at the Busan District Court on July 2, 2013, and a fine of five million won for a violation of the Road Traffic Act at the same court on November 25, 2014.
On December 19, 2014, the Defendant, at the entrance of a pipe located in the Seocho-gu Busan Metropolitan City, at around 500 meters from the time to the front road of the mobilization apartment located in the same Dong-dong at around 19, 2014, driven a B-hand car with alcohol content of about 0.238% under the influence of alcohol without obtaining a driver’s license, without obtaining a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving without a license, inquiry into the results of crackdown on driving under the influence of alcohol, and inquiry into driver'
1. Previous records: Application of criminal records, etc. and investigation reports (report accompanied by a copy of summary order of the driving record);
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):
1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Article 62 (1) of the Criminal Act that has no special criminal records other than those sentenced to a fine twice due to a sound driving;
1. Order to attend lectures under Article 62-2 of the Criminal Act;