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A defendant shall be punished by imprisonment for not more than ten 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 19, 2008, the Defendant issued a summary order of KRW 2.5 million at the Incheon District Court to a fine for a violation of the Road Traffic Act or a violation of the Road Traffic Act (free license) on April 12, 2008. On October 5, 2012, the above summary order became final and conclusive on April 12, 2008. On October 28, 2012, the same court issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act. The above summary order became final and conclusive on November 28, 2012.
【Criminal Facts” around 01:00 on December 25, 2012, the Defendant driven a B Ssti-type car at approximately 1km from the front side of the “Yerodungkdong,” which is located on the air route of Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Seoul, to the front side of the plaza distance of the women in the Dong-gu Chuncheon Dong-dong, to the third side of the plaza distance of the women.
Summary of Evidence
1. Defendant's legal statement;
1. A written report from an employee of an employer;
1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);
1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;