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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 November 25, 2008, the Defendant received a summary order of KRW 500,000,000 from the Cheongju District Court to a fine for a violation of the Road Traffic Act, a summary order of KRW 700,000,000 as a fine for the same crime in the same court on December 26, 2008, and a summary order of KRW 8 million as a fine in the same court on June 3, 2013, respectively.
On June 17, 2014, the Defendant, while under the influence of alcohol of 0.091% of blood alcohol concentration, driven a Csch-ton car without the driver’s license from the front of the restaurant of the “Trommpim” located in the Gangseo-gu Seoul Metropolitan City, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju to the front road of the “Trombrogggin expenses” located in the Cheongju-ro 197, Chungcheongnam-gu, Cheongju-do.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;
1. Reasons for sentencing: The execution of imprisonment shall be suspended by adding an order to attend a community service order and a compliance driving lecture, in consideration of all the conditions of sentencing, such as the defendant's punishment records, blood alcohol concentration numbers at the time of the crime of this case, the defendant's age and occupation;
It is so decided as per Disposition for the above reasons.