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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 August 29, 2011, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act on at least two occasions, such as: (a) a summary order of a fine of three million won for a violation of the Road Traffic Act; and (b) a fine of five million won for a violation of the Road Traffic Act at the Daejeon District Court on May 7, 2012; and (c) a summary order of a fine of five million won for a violation of the Road Traffic Act.
On November 21, 2013, around 06:20 on November 21, 2013, the Defendant driven CM7 car in a state of drinking 0.164% alcohol concentration without obtaining a driver’s license for approximately 4km section from Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. A written report from an employee of an employer;
1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (Attachment of summary order);
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. Commercial concurrence: Articles 40 and 50 of the Criminal Act;
1. Selection of penalty: Imprisonment;
1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;
1. Suspension of execution: Article 62 (1) of the Criminal Act;
1. Probation and community service order: Article 62-2 of the Criminal Act;