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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
Criminal power is sentenced to a fine of KRW 700,000 for a violation of the Road Traffic Act in the Daegu District Court on November 25, 2008, and a fine of KRW 4 million for the same crime in the same court on June 11, 2012.
Criminal facts
On January 17, 2013, the Defendant did not obtain a driver’s license at around 00:05, and while under the influence of alcohol by 0.117%, the Defendant driven CK5 cars in front of the Z5-meter road located in the Jinnsan-si, Jin-si, Busan Metropolitan City under the influence of alcohol content by 0.17%, and proceeded with a section of approximately 200 meters prior to the first intersection in the same region.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Written statements of D;
1. A report on detection of a host driver;
1. The circumstantial statement of the employee;
1. Registers of driver's licenses;
1. Previous offense: Application of investigation reports, and summary order Acts and subordinate statutes;
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 Concurrent Crimes;
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 reasons for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture are important in light of the fact that the defendant committed the crime of this case again even though there are many records of punishment for drinking driving, but the punishment as ordered shall be determined in consideration of the fact that the defendant does not reach recidivism, that the defendant supports the defendant's father who is administered, and that there is no criminal record of probation or higher.