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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 September 25, 2009, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act from the credit branch of Suwon District Court on September 25, 2009, and the summary order became final and conclusive on January 20, 2010. On June 20, 2012, the Defendant filed a summary order of KRW 1.5 million with the prosecutor of the branch office of Suwon District Prosecutors' Office on June 20, 201, and filed a request for a summary order of KRW 1.5 million for the same crime. On December 6, 2012, the said summary order became final and conclusive and has the history of violating Article 44(1)
On October 22, 2012, the Defendant, while under the influence of alcohol 0.103% on blood alcohol level around 21:30 on October 22, 2012, was driving CM3 car volume at the 15 km section in front of the bus terminal in the Blju-gun of Gyeonggi-gu, Taegu, Taeju-gun, Annju-gun, SM3 car volume at the front of the bus terminal in the Glju-gun, Annju-gun, Annju-gun, Annju-gun.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial report on the driver without any license and the circumstantial report on the driver without any license;
1. Registers of driver's licenses;
1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the criminal defendant repents wrong facts and has no criminal record of a stay of execution or more);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;