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1. The defendant shall be punished by imprisonment with prison labor for ten months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 25, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Busan District Court. On January 18, 201, the Defendant was issued a summary order of KRW 3.5 million for the same crime, etc. at the Busan District Court. On May 13, 2013, the Defendant was issued a summary order of KRW 6 million for the same crime, etc. at the Jeonju District Court’s Militarysan Branch.
On July 9, 2014, the Defendant, without obtaining a driver’s license of a motor vehicle, driven a motor vehicle B in the section B from approximately 3km to the front of an exemplary driver’s elementary school located in the front of an exemplary restaurant located in the Kimhae-si, Kimhae-si, in the condition of under the influence of alcohol by 0.132% of the blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of crackdown on drinking driving and on the circumstances of drinking drivers;
1. A driver's license inquiry;
1. Previous records: Application of criminal records, etc. inquiry inquiry reports (A)-related Acts and subordinate 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;
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. It is so decided as per Disposition on the grounds of probation, community service, and lecture attendance order under Article 62-2 of the Criminal Act or more (Consideration of the same offense);