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The punishment of the accused shall be determined by eight months of imprisonment.
However, the above sentence shall be executed for two years from the date of the final judgment.
Reasons
Punishment of the crime
On July 27, 2007, the Defendant, at the Seoul Eastern District Court, issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act, and received a summary order of KRW 1 million for the crime of violation of the Road Traffic Act from the Gwangju District Court on December 24, 2013, and received a summary order of KRW 1 million for two or more times in violation of Article 44(1) of the Road Traffic Act. On April 22, 2014, at around 00:55, the Defendant driven a 500-meter from the end of the monthly grain market located in the Mine-si in Gwangju Metropolitan City to the front day of the same Gu Pungdong-si to the front day of the Korean Pungdong-si, while under the influence of alcohol content of KRW 0.164% in alcohol without a vehicle driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the result of crackdown on drinking driving;
1. Entry into the driver's license inquiry report;
1. Previous convictions: Application of the Acts and subordinate statutes in which criminal records and copies of each summary order attached thereto are recorded;
1. Article applicable to criminal facts;
(a) Point of drinking under the judgment: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;
(b) Point of driving without obtaining a license: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;
1. Formal concurrence and the choice of a punishment under Articles 40 and 50 of the Criminal Act (the punishment prescribed for a violation of the Road Traffic Act with heavier punishment, and the choice of imprisonment);
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,
1. Article 62 (1) of the Criminal Act (including the absence of any record of punishment for imprisonment without prison labor or heavier punishment);