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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 of the final judgment.
Reasons
Punishment of the crime
On October 28, 2005, the Defendant was issued a summary order of 2 million won or more as a fine for a violation of the Road Traffic Act, etc. at the Sung-nam Branch of Suwon District Court, and on March 13, 2009, a summary order of 700,000 won or more as a fine for a violation of the Road Traffic Act was issued by the Seoul East District Court.
around 22:25 on March 20, 2013, the Defendant, who is engaged in driving Category C motor vehicles, driven the said motor vehicle while under the influence of alcohol content of about 0.085% on the front of the drinking road in Songpa-gu Seoul Metropolitan Government, where the trade name in the soft-dong cannot be known, without obtaining a driver’s license, at approximately 800 meters.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. Statement on the circumstantial statement of the employee;
1. Registers of driver's licenses;
1. Criminal records as indicated: Application of criminal records, etc. and other Acts and subordinate statutes;
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. The punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment that causes any violation of the Road Traffic Act with heavier punishment shall be imposed);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Suspension of execution under Article 62 (1) of the Criminal Act (it shall be taken into consideration the fact that the defendant is not punished to imprisonment or heavier punishment due to drunk driving, etc., and that the defendant misleads the defendant and speaks against him);
1. Order to attend lectures under Article 62-2 of the Criminal Act;