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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 June 28, 2007, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) from the Busan District Court. On April 2, 2014, the Defendant received a summary order of KRW 9,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Busan District Court. On October 14, 2014, the Defendant received a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Busan District Court.
On September 24, 2015, at around 05:25:25, the Defendant driven C Poter II under the influence of alcohol concentration of about 0.092% without obtaining a driver's license from around 2km section from the road in front of the Busan Jin-gu Busan, Busan, to the front road of the 1 Public Security Center located in 232-6, Mado-dong, Busan, Busan, and at around 05:28 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;
1. Registers of driver's licenses;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the confirmation of the same type of criminal records);
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor because of the same kind of crime committed;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal circumstances, such as the reflectivity of the accused and the fact that there is no record of the crime exceeding the fine after 195);
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Article 62-2 of the Criminal Act concerning probation and order to attend a course;