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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
On February 19, 2013, the Defendant was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act in the Gwangju District Court's net support on February 19, 2013, and a fine of KRW 3 million by the same court on April 8, 2013.
On December 12, 2014, around 00:10, the Defendant driven a B T-L car while under the influence of alcohol of about 0.096% without a car driver’s license from about 400 meters to the front road of the recipient school located in the same Dong from the Home P-Ler around the Home P-Ler-dong Municipal Ordinance of 00:10 to the front road of the recipient school located in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking and driving, and the register of driver's licenses;
1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (former and report attached to the summary order) and statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
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 (i.e., the reflection of the fact, the fact that the vehicle owned after the instant crime appears to have been disposed of, the fact that there is no record of crime exceeding the fine, and the degree of discretionary exploitation, driving distance, etc. at the time of the instant crime);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;