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1. The defendant shall be punished by imprisonment with prison labor for ten months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 28, 2006, the Defendant was issued a summary order of KRW 2.5 million at the Changwon District Court for a crime of violation of the Road Traffic Act (driving) and KRW 2.5 million for a crime of violation of the Road Traffic Act (driving) at the Changwon District Court on October 26, 2009.
On September 23, 2014, the Defendant, while under the influence of alcohol with 0.190% of blood alcohol concentration on September 23:30, 2014, driven B B Poter truck in the section of about 15km to the front road of the nuclear fuel station located in the Chang-gu nuclear fuel drive on the road where the number of the land number located in the Chang-gu nuclear fuel drive cannot be known without a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;
1. Registers of driver's licenses;
1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (a) Acts and subordinate 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 (see, e.g., Supreme Court Decision 201Do1148, Jan.
1. It shall be decided as ordered for the reason of probation, community service, or lecture attendance order under Article 62-2 of the Criminal Act (Consideration of a number of similar criminal records, etc.);