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A defendant shall be punished by imprisonment for not more than ten 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 August 29, 2007, the Defendant was issued a summary order of KRW 5 million from the Incheon District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Incheon District Court on January 19, 2013.
As above, the Defendant, who was punished twice or more for a violation of the Road Traffic Act (driving) and driving a B Twit vehicle under the influence of alcohol concentration of 0.153% without obtaining a driver’s license from the Bupyeong-dong, Incheon Bupyeong-gu, Incheon on August 18, 2013 to the IC seat of the same Gu from the 07:20 on August 18, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. The actual condition survey report;
1. Report on the circumstantial statements of a host driver and report on the detection thereof;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to criminal history records, investigation reports, and criminal records records (attached to a summary order of the same kind of power);
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 (the punishment shall be imposed for a violation of the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary work: Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that there is no previous conviction sentenced to imprisonment without prison labor or a heavier punishment, or that there is a reflective error);
1. Article 62 (1) of the Criminal Act on the suspended execution.