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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 September 5, 2007, the defendant has a summary order of 700,000 won of a fine due to a violation of the Road Traffic Act (driving) in a horizontal site site of Suwon District Court on December 16, 201, a summary order of 5 million won of a fine due to a violation of the Road Traffic Act (driving) in the same court on December 16, 201, and a summary order of 5 million won of a fine in the same court on December 11, 2012 is a person who has a criminal record of notification of a summary order of 5 million won of a fine by the same court on December 11, 201.
Nevertheless, at around 23:35 on December 16, 2014, the Defendant, without a driver’s license, driven a BM5 vehicle from approximately 50 meters to the intersection of the eland street located in the same Dong from the restaurant in Pyeongtaek-si, soup, soup, brying that the blood alcohol level of 0.158% was driven without a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. A report on detection of a host driver and a circumstantial statement;
1. A written appraisal of blood alcohol concentration;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes to criminal records and investigation reports (criminal records);
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 the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order under Article 62-2 of the Criminal Act;