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A defendant shall be punished by imprisonment for six months.
except that 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 16, 2012, the Defendant received a summary order of KRW 1 million from the Incheon District Court as a crime of violation of the Road Traffic Act, and a fine of KRW 4 million from the same court on November 25, 2012 as the same crime.
As above, the Defendant, as a person with at least two times, driven a B vehicle under the influence of alcohol concentration of 0.077% without obtaining a driver’s license from the front side of the Dong-dong, Incheon Metropolitan City on February 18, 2013 to the front side of the 594 km-dong, Namdong-dong, Seoul, and drive a vehicle with a blood alcohol concentration of 0.07% without obtaining a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drunk driving, the report on the situation of drunk driving, and the circumstantial statement of the driver;
1. A circumstantial report on driving without a license and an inquiry report on a driver's license;
1. Previous records: Application of inquiry reports, such as criminal records, and investigation reports (a copy of the same criminal records attached to the same type of judgment);
1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Punishment on Crimes of Violating Road Traffic Act Due to Seriously Liquefied Driving)
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 Decision 2009Da15448, Apr. 21, 2009)
1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act against mistake in addition to grounds for discretionary mitigation