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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 October 27, 2008, the Defendant is a person who has more than three times the same power, except for those who have been issued a summary order of a fine of KRW 4 million at the Incheon District Court on July 2, 2014 as a crime of violation of the Road Traffic Act (driving) at the Busan District Court on October 27, 2008.
On August 25, 2015, at around 23:45, the Defendant, at around 23:45, operated C New Franchising car under the influence of alcohol 0.064% of the blood alcohol concentration, from the pre-fed road of the Manyang-dong, Busan Shodong, to the front road of the Mando Culture Center at the bottom of the Busan Sho-dong, Busan, without a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;
1. Registers of driver's licenses and details of disposition for cancellation thereof;
1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;
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. Selection of imprisonment with prison labor because of the same kind of crime committed;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal circumstances, such as the reflection of the accused, the fact that there is no excess amount of fine due to the same criminal conduct);
1. Order to attend lectures under Article 62-2 of the Criminal Act;