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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 of the final judgment.
Reasons
Punishment of the crime
On January 4, 2005, the defendant was notified of a summary order of a fine of KRW 500,000 as a crime of violation of the Road Traffic Act in the Busan District Court's Dong Branch Branch, and a fine of KRW 700,000 as a same crime in the same court on October 6, 2009, and on August 29, 2014, the defendant filed a request for formal trial with the same court on August 29, 2014, and is currently pending trial.
On August 14, 2014, the Defendant driven a B-car under the influence of alcohol level of 0.279% without obtaining a driver's license on August 14, 2014, and proceeded about 500 meters from the bottom of the high level bridge in Busan High Do, Busan High Do, Busan, to the same e-mail.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. Registers of driver's licenses;
1. Criminal records: Application of Acts and subordinate statutes to inquiry reports, such as criminal records, investigation reports (Attachment to the previous and summary order), amounts not to be disposed of, and reporting results of confirmation;
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. 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., Supreme Court Decision 201Do139, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. Article 62-2 of the Criminal Act on probation or order to attend a lecture (which is likely to repeat a crime in light of sound practice, the environment of the defendant, recent same criminal records, etc.);