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A defendant shall be punished by imprisonment for not less than eight months.
However, 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
On June 19, 2008, the defendant was sentenced to a suspended sentence of two years for the violation of the Road Traffic Act in the Gwangju District Court's support on June 19, 2008, and was sentenced to a suspended sentence of two years for the same power two times more.
On April 3, 2014, at around 14:07, the Defendant, at approximately 500 meters from the front side of the Jin apartment in Jindo-gun, Jindo-gun, Jindo-do, Jindo-do, to the front side of the Samsung company located in the same Ri, operated the C Pobbbbr vehicle under the influence of alcohol by 0.223% of blood alcohol concentration without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Application of the ledger of driver's licenses and the Acts and subordinate statutes concerning car checking;
1. Relevant provisions of Article 148-2 (2) 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2006);
1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (In addition to the grounds for discretionary mitigation, the detention of a defendant may involve excessive difficulty for his/her dependents);
1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;