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A defendant shall be punished by imprisonment with prison labor for up to 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 October 15, 2008, the Defendant received a summary order of KRW 1 million from the Gwangju District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, and on December 11, 2009, issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act at the Gwangju District Court.
On July 28, 2015, at around 00:37, the Defendant driven a BM5 vehicle without a driver’s license in the state of alcohol alcohol concentration of about 1km from around the front of the mutually unclaimed restaurant in Gwangju Northern-dong to the front day of the fluorium in the second cycle of the Dong-gu, Gwangju to the fluorium in the second cycle of the Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. A driver's license inquiry;
1. Previous for judgment: Application of Acts and subordinate statutes to criminal history records, investigation reports, and criminal investigation reports (reports accompanied by a copy of summary order);
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. For the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, health conditions, and circumstances after the crime, etc., including the following: the Defendant’s records of drinking alcohol (the period of punishment of a fine or heavier punishment for driving three times) and driving distance, blood alcohol concentration, and other criminal records;