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A defendant shall be punished by imprisonment for six months.
except that 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 December 3, 2008, the defendant was sentenced to a fine of 1.5 million won in the Incheon District Court on December 31, 2008 by a fine of 1.5 million won in the same court on December 31, 2008, and was sentenced to a fine of 3 million won in the same court on June 18, 2014 by a fine of 7 million won in the same court.
On March 23, 2015, the Defendant, without a driver’s license, driven a DNA motor vehicle at approximately 30 meters from 588 Cheongxastro in front of Cheongxastro in the 586-lane as Seo-gu Incheon, while under the influence of alcohol by 0.052%, without a driver’s license for a motor vehicle, and driving a DNA motor vehicle at approximately 30 meters from Cheongxastro in front of Cheongxastro in the 586-lane as Seo-gu, Incheon.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;
1. Registers of driver's licenses;
1. Previous records of judgment: Application of criminal records, references to criminal records, reports on results of confirmation before disposition, and copies of judgment, and other 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the violation of the punishment and the fact that there is no past record of criminal punishment exceeding the fine);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)