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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
Criminal facts
The defendant has been sentenced to a penalty of KRW 2 million on November 27, 2008 and June 24, 2014 of each fine of KRW 2 million on the grounds that the defendant was sentenced to a violation of the Road Traffic Act (driving under the influence of sound driving) in the mountain support of the water source method.
On December 15, 2015, the Defendant is driving a B 2 km vehicle at the distance of about 2 km from the upper end of 786, Ansan-si to the upper end of 236-37, Ansan-si, Ansan-si, Ansan-si, under the influence of alcohol concentration of 0.069% without a driver's license on December 15, 2015.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of drinking control, and the register of driver's licenses;
1. Application of Acts and subordinate statutes on a request for computer inquiry;
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 Competition;
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 on the suspension of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act, including the fact that the accused
1. It shall be so decided as per Disposition for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;