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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 18, 2010, the Defendant was sentenced to a fine of two million won for the crime of violation of the Road Traffic Act at the Gwangju District Court on June 18, 2010, and on April 30, 2012, the Defendant was sentenced to a fine of one million won for the crime of violation of the Road Traffic Act at the Gwangju District Court on three occasions.
On August 8, 2013, the Defendant, without a driver’s license on August 23:23, 2013, driven a B rocketing car at approximately 100 meters from the front intersection of the Hanwon University Hospital located in the Nam-gu Seoul Metropolitan City to the same Seonam-do road, while under the influence of alcohol by 0.159%.
Summary of Evidence
1. Defendant's legal statement;
1. Registers of driver's licenses;
1. Inquiries about the results of crackdown on drinking driving;
1. Records before judgment: Application of inquiry reports on criminal records, etc. and report on the result of dispositions, and 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;
1. The reasons for sentencing under Article 62-2 of the Criminal Act include not only three times the punishment of a fine due to drinking driving, but also the fact that the defendant continues to commit the crime of drinking alcohol in recent years, and the fact that the blood alcohol concentration of this case is high, etc. shall be determined as per the order.