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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
On February 1, 2011, the Defendant issued, at the Gwangju District Court, a summary order of KRW 2 million for a crime of violation of the Road Traffic Act, to a fine of KRW 1,000,000,000 for a violation of the Road Traffic Act, at the same court on October 13, 201, a summary order of KRW 3 million for a crime of violation of the Road Traffic Act (driving) and on October 26, 201, a summary order of KRW 3 million was issued by the same court on October 26, 201.
On July 29, 2016, at around 17:56, the Defendant driven a D low-speed car with a blood alcohol level of 0.160% under the influence of alcohol level of 0.160% without obtaining a driver’s license from the front of the restaurant located in the Southern-gu Seoul Metropolitan City to the front road of the same 3km-dong Do master real estate agent who is located in the seat of the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Registers of driver's licenses;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes (Attachment to the same type of criminal records and investigation reports);
1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of 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. Probation, community service order, and order to attend the course of sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account all the sentencing conditions shown in the arguments of this case, including the defendant's age, character and conduct, environment, health conditions, circumstances after the crime, etc., and the criminal punishment records (in case of drinking driving at least three times in 201 and without license driving on two occasions), driving distance, blood alcohol concentration, and other criminal records, and all the sentencing conditions shown in the arguments of this case shall be determined as ordered.