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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 becomes final and conclusive.
Reasons
Punishment of the crime
On October 5, 2005, the Defendant was sentenced to a fine of one million won as a crime of violation of the Road Traffic Act (driving) in the Suwon District Court's Ansan Branch, and a fine of one million and five hundred thousand won as a crime of violation of the Road Traffic Act (driving) at the Incheon District Court on March 10, 2008.
On July 27, 2013, at around 00:25, the Defendant driven a Category B siren car with a blood alcohol concentration of 0.216% without a car driver’s license from the 3km section of approximately 3km from the road in the gold movement at Silung-si to the road in the front of the Ansan-dong, Ansan-dong 172.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Report on the situation of driving without a license, report on the situation of driving without a license, inquiry into the driver’s license, and inquiry into the results of the crackdown on driving without a license; and
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. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act shall be taken into account such factors as the defendant's blood alcohol concentration and the defendant's two times for drinking and three times for driving without a license. It is so decided as per Disposition for the reasons above;