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1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
On February 14, 2013, the Defendant received a summary order of KRW 3 million from the Seoul Central District Court to a fine of KRW 1,00,000 for a violation of the Road Traffic Act, and on November 11, 2013, received a summary order of KRW 5,00,000 for a violation of the Road Traffic Act from the Sungnam Branch Branch of the Suwon District Court on November 11, 201, and on February 3, 2014, issued a summary order of KRW 8 million for a violation of the Road Traffic Act at the Seoul Central District Court on February 3, 2014.
On March 26, 2014, around 02:05, the Defendant driven B rocketing car under the influence of alcohol level of about 0.087% without a car driver’s license, from the front of the public-private partnership hospital located in the public-private partnership city, to the road of approximately 213.2km located in Seosan-si, Seosan-si, Seosan-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of each statute stated in the actual condition survey report, report on detection of drivers, report on investigation results, register of driver's licenses, inquiry report, and copy of each summary order;
1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
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;
1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Incompetence] was imposed on February 14, 2013 due to the crime of violating the Road Traffic Act on February 14, 2013, and thus, three times including the instant crime for a period of one year and one year is against the alcohol alcohol and non-license (or a flexible circumstances). The blood alcohol concentration is relatively high, and there is no criminal conviction or heavier than the suspension of execution.