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A defendant shall be punished by imprisonment for not more than ten months.
except that 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
At Jeju District Court on December 18, 2007, the Defendant received a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) on December 31, 2007, KRW 2.5 million as a fine for a violation of the Road Traffic Act (driving) on December 31, 2007, and KRW 3 million as a fine for a violation of the Road Traffic Act (driving) on March 29, 2012.
On June 2, 2013, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.197% without obtaining a driver’s license on June 2, 2013. From the front of the “repair apartment” in the Jeju-si 2-dong, the Defendant driven a B the car from approximately 1 Km section to the front of the “self-government” in the same Young-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of the crackdown on drinking driving and the application of Acts and subordinate statutes;
1. Relevant legal provisions concerning facts constituting a crime: Articles 148-2 (1) 1, 44 (1) (the point of sound driving), 152 subparagraph 1, and 43 (1) (the point of driving without a license) of the Road Traffic Act;
1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;
1. Selection of penalty: Imprisonment;
1. Suspension of execution: Determination of sentence as ordered by considering all the following circumstances as the reasons for sentencing under Article 62(1) of the Criminal Act (the conditions of sentencing under Article 51 of the Criminal Act, which are stated in the reasons for sentencing), including the following circumstances: The circumstances that recognize the facts of crime: the degree of blood alcohol is very high; the fact that a person commits a crime of violation of the Road Traffic Act (unlicensed Driving) on March 18, 2013 due to the same crime (unlicensed Driving) and a fine of one million won has not yet been received; and the fact that the person again commits a crime is again committed due to the above reasons: It is so decided as per Disposition by the assent of all participating Justices.