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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
On April 16, 2010, the Defendant issued a summary order of KRW 2 million to a fine of KRW 2 million for a violation of the Road Traffic Act (driving under the influence of the Defendant) at the Suwon District Court on April 16, 201, and a fine of KRW 3.5 million for a violation of the Road Traffic Act (driving under the influence of the Defendant) at the Suwon District Court on May 22, 2013.
On November 01, 2013, around 22:08, the Defendant driven B EX car under the influence of alcohol concentration of about 0.117% without obtaining a driver’s license in a section of about 1km from the road near the Sejong High School in Suwon-si to the road in front of the Pyeongtaek-dong in Suwon-si, Suwon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of a statement of the state of drinking drivers, and the control results of drinking driving;
1. A driver's license inquiry;
1. Previous records: Application of a reply to inquiries, such as criminal records, amounts of dispositions and confirmation reports on results, investigation reports (former and report on attachment of the summary order) and Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the favorable reasons among the reasons for probation under the following year);
1. Article 62 (1) of the Criminal Act suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act provides that the execution of the sentence shall be suspended considering the absence of any special criminal record, in addition to confession, reflectivity, and fines although the defendant
1. Article 62-2 (1) of the Criminal Act to attend lectures;