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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 April 27, 2009, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 5 million for the same crime, etc. at the same court on May 10, 2016, in a case of violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on April 27, 2009.
On July 24, 2016, around 20:50, the Defendant driven a B-learning car under the influence of alcohol content of 0.184% without obtaining a driver’s license from a section of approximately 500 meters located in the name of the same city from the front side of the cafeteria “Yan Coal ZGGGR 6” to the front side of the luminous distance located in the same city.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the state of the operation of a motor vehicle;
1. The ledger of driver's licenses;
1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports (A), investigation reports (a copy of summary orders issued for the same type of case) and 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 fact that the sentencing of Article 62-2 of the Criminal Act reflects the reason of the order to provide community service and attend lectures is identical to that of the defendant, and that the blood alcohol concentration is high, the defendant's age, character and conduct, environment, circumstances of the crime of this case and circumstances after the crime