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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
Criminal facts
On October 28, 2010, the Defendant received a summary order of KRW 2 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million from the same court on April 29, 2013 to a fine for the same crime, respectively.
On February 7, 2015, at around 23:25, the Defendant driven a B car under the influence of alcohol content of 0.116% without a vehicle driver’s license on a section of approximately 200 meters from the roads adjacent to the public parking lot located in the Sung-gu, Sungwon-si, Changwon-si to the front road of the Alphamun-gu located in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. A written report from an employee of an employer;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes concerning criminal records and investigation reports;
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 chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Order to attend lectures under Article 62-2 of the Criminal Act;