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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On May 16, 2013, the Defendant was sentenced to a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) in the Daegu District Court’s Ansan Branch on May 16, 2013, and a fine of KRW 4 million as a crime of violating the Road Traffic Act (driving) in the above court on February 27, 2014.
【Criminal Facts】
On April 2, 2014, the Defendant, without obtaining a driver’s license at around 00:05, driven a B-learning car on the front side of the Korea Exchange Bank located in the Ansan-dong, under the influence of alcohol at least 0.071% of blood alcohol level, up to approximately 4km from the front side of the entrance of a justice village located in the new and new town in the same city.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a driver and a driver's license inquiry;
1. Before ruling: Application of criminal history records, inquiry reports, investigation reports, 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 (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e., Supreme Court Decision 200
1. Order to attend lectures under Article 62-2 of the Criminal Act;