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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
[criminal power] On October 6, 2011, the Defendant was issued a fine of KRW 700,000 as a crime of violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon branch of the Daegu District Court, and a fine of KRW 3 million as a same crime in the same court on May 7, 2012.
【Criminal Facts】
At around 05:30 on June 6, 2013, the Defendant, a person who has driven two or more times, drives a clater under the influence of alcohol for about 1km and 0.136% under the influence of alcohol without obtaining a driver’s license, from the front of a restaurant where the trade name near the gold market located in the Gu, Sinsi-si, Seoul, is unknown until the 2nd of the Sinsi-si, Seoul, a clater under the influence of alcohol for about 1km and 0.136%.
Summary of Evidence
1. Defendant's legal statement;
1. Related photographs;
1. Report on the statement of the state of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;
1. Registers of driver's licenses, disqualified meetings of the main office, and details of revocation of driver's licenses;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and 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 work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1448, Apr. 2, 2008);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. It is decided as per the Disposition on the grounds of Article 62-2 (1) of the Criminal Act or more;