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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 23, 2010, the Defendant received a summary order of KRW 4 million from the Suwon District Court to a fine for a violation of the Road Traffic Act (driving) and a summary order of KRW 5 million from the same court on July 3, 2013 to a fine for a violation of the Road Traffic Act.
On December 31, 2014, the Defendant, without obtaining a driver’s license at around 19:10 on December 31, 2014, driven a B-bed car at a point located approximately 1 km away from the exit of the site at the local site, in a state of 0.171% alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Registers of driver's licenses;
1. The application of Acts and subordinate statutes on criminal records, etc., inquiry reports and investigation reports (a copy of a 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., that the criminal defendant reflects the crime of this case and that there is no record of punishment exceeding the fine for the same kind of crime);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for discretionary mitigation)
1. Order to attend lectures under Article 62-2 of the Criminal Act;