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A defendant shall be punished by imprisonment for one year.
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 March 28, 2008, the Defendant received a summary order of KRW 500,000 from the Busan District Court to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act, and on October 12, 2012, issued a summary order of KRW 3 million as a fine for the same crime.
On November 23, 2012, the Defendant, without obtaining a driver’s license at around 16:15 on November 23, 2012, driven a Bknife car at the section of about 15 km from the front of the Gambal Bag, which is located in the Gambal Bag, in the form of alcohol concentration of 0.152%.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes to investigation reports (a copy of the same summary order);
1. Relevant Act of the crime: Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of sound driving) concerning the crime, subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act (the point of without a license for driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act (Taking into account the reflection of gender, etc.);
1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;