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A defendant shall be punished by imprisonment for not more than ten 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 November 24, 2008, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act in the Suwon District Court’s Ansan Branch on November 24, 2008, and was sentenced to a fine of 2 million won for the same crime in the same court on October 28, 2013.
On January 18, 2014, at around 23:40, the Defendant driven a B-car under the influence of alcohol content of 0.115% without a car driver’s license, from the front side of the main place where it is impossible to identify the trade name of the valley located in the members of Ansan-si, Ansan-si to the front side of the “members art gallery” located in the members of Ansan-si, Ansan-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a motor vehicle under the influence of alcohol;
1. Report on the situation of operation without a license;
1. A driver's license inquiry;
1. Previous records: Application of two copies of inquiry reports and summary order copies, such as criminal records, etc.;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 20
1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that there is no criminal history other than a fine for the accused);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;