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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On March 28, 2007, the Defendant received a summary order of KRW 1.5 million from the Busan District Court on March 28, 2007, and a fine of KRW 2 million from the Busan District Court's Dong Branch on June 17, 2009.
On October 28, 2014, at around 10:33, the Defendant, without a driver’s license, driven approximately 1 km from the front day of the Han Apartment apartment in Busan, which is located in the Handong-dong, Busan, to the front day of the modern apartment located in the Nam-gu, Busan, 0.11% of alcohol level without a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the result of the crackdown on drinking driving;
1. A driver's license inquiry;
1. Application of Acts and subordinate statutes to inquiries about criminal records, etc. and copies of summary orders;
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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., taking into account the fact that he/she is receiving medical treatment with negative values, driving distance, and certificate of respect for alcohol, and that he/she acknowledges mistake);
1. Article 62 (1) of the Criminal Act ( repeatedly considering the above conditions);