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A defendant shall be punished by imprisonment for not less than eight 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 June 21, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the Suwon District Court's Ansan Branch on June 21, 2009, a fine of five million won for a violation of the Road Traffic Act (driving) in the same court on June 14, 2010, and a fine of five million won for a violation of the Road Traffic Act (driving) in the same court on January 2, 2013.
On October 20, 2014, the Defendant, without obtaining a driver’s license on October 20, 2014, driven a 200-meter motor vehicle near the Dong Residents’ Center located in the Dong-gu in Ansan-si in the state of alcohol of 0.124% of the blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of a driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;
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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are against the defendant, there is no record of punishment heavier than a suspended sentence, and considering the circumstances of the crime of this case, the age, character and conduct, environment, etc. of