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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 December 8, 2006, the Defendant issued a summary order of 700,000 won of a fine for a violation of the Road Traffic Act in the support of the Daejeon District Court on December 8, 2006, and on January 7, 2013, the Defendant was issued a summary order of 1,50,000 won of a fine under the same criminal name in the same court on January 7, 201.
On January 23, 2015, the Defendant was under the influence of alcohol with 0.093% of blood alcohol concentration at around 21:50, without obtaining a driver’s license, and operated BMW car at a section of approximately approximately 200 meters from the street in front of the “Gaeeein cafeteria” in the Gasan-si, an Asan-si, to the street in front of the “Saein cafeteria” located in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. A steering company which has reported the circumstances of driving under the influence of alcohol and the control of drinking driving;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes to criminal history records, reply reports, and investigation reports (verification of the same kind of power);
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting a crime;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed on any crime of violating the Road Traffic Act with heavier punishment);
1. 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. Article 62-2 of the Criminal Act provides that probation and lecture attendance order constitutes the crime of this case even in the records of the same kind of crime for the reason of sentencing. However, it is so decided as per Disposition in consideration of the fact that there is no penalty or heavier than a fine for the same kind of crime, and the violation