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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
[criminal power] The Defendant, at the Seoul Eastern District Court on March 16, 2012, is a person who has drinking power two times or more, including a fine of three million won for a violation of the Road Traffic Act (driving) at the Seoul East Eastern District Court, a fine of two million won for the same crime from the Sungnam branch of the Suwon District Court on October 7, 2013, and a summary order of five million won for the same crime at the same court on April 23, 2014, respectively.
【Criminal Facts】
On September 5, 2014, at around 00:05, the Defendant driven a B-ho vehicle owned by the Defendant without a driver’s license, while under the influence of alcohol 0.120% of blood alcohol concentration from around the branch of the branch of the branch of the branch of Seongbuk-gu, Seongbuk-si to the roads in front of the branch of the same Dong-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of the driving of a motor vehicle;
1. Report on the circumstances of driving without a license;
1. Inquiry into the result of the crackdown on drinking driving;
1. A driver's license inquiry;
1. A report on the circumstances of the driving of a motor vehicle;
1. Application of Acts and subordinate statutes, such as criminal records;
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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
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., Supreme Court Decision 201Do148, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;