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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 of the final judgment.
Reasons
Punishment of the crime
1. Around 21:00 on January 2, 2014, the Defendant driven a DAcar car under the influence of alcohol content of about 0.081%, without obtaining a driver’s license, from the road front of the Defendant’s residence in Seodaemun-gu Seoul Western-gu to January 3, 2014, at around 00:54, from the road front of the Defendant’s residence in Seodaemun-gu Seoul Western-gu to the point at which the central expressway, which is located as a gold agency at the city of nuclear power, at around 200:54, the Defendant driven a DAcar car under the influence of alcohol content of about 0.081%.
2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) driving of the Defendant’s automobile without mandatory insurance at the date and place specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of crackdown on drinking driving;
1. Copies of the car driving license register;
1. Application of Acts and subordinate statutes on mandatory insurance;
1. Relevant provisions of Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;
1. The punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment provided for in Articles 40 and 50 of the Road Traffic Act and between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes concerning the violation of the Guarantee of Automobile Accident Compensation Act, heavier than punishment);
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Courses [The reasonable circumstances] relatively low drinking water (0.081%) and the defendant’s reflective nature] three times of a fine of the same kind for the last one year (2 million won of a fine around January 2013; 2.5 million won of a fine around October 2013; and 2 million won of a fine around March 2014);