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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 14, 2002, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Busan District Court on February 11, 2009, a fine of KRW 2 million for a violation of the Road Traffic Act (driving). On September 22, 2009, in the same court on September 22, 2009, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (driving). On August 4, 2014, in the same court, the Defendant was sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act (driving).
On August 14, 2014, around 10:10 on August 14, 2014, the Defendant driven a B car with blood alcohol concentration of 0.148% under the influence of alcohol without obtaining a driver’s license from around 3 km section from the cafeteria to the mountain trails in the Kugdong-gu, Busan.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of drivers and the register of driver's licenses;
1. Application of statutes to inquiries about criminal records, etc.;
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 taking into account the fact that he/she had conducted the same kind of punishment, driving without obtaining a license, and tried to replace a driver after causing a traffic accident;
1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Articles 55 (1) 3 of the Criminal Act);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the most effective family and the half of one family);
1. Article 62-2 of the Criminal Act to provide community service or attend lectures;