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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 10, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Goyang Branch Branch of the Jung-gu District Court on August 10, 2009, and a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District District Court on June 20, 201.
On November 3, 2012, around 23:28, the Defendant driven a C motor vehicle under the influence of alcohol of about 0.102% of blood alcohol concentration without a vehicle driver’s license at a section of approximately 300 meters around the day of the Goyang-dong Dong-dong Port Lone Star-dong, Yongsan-si, and the same lot from the same 300-meter road to the front of the department store.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual status of a host driver;
1. A driver's license inquiry;
1. Application of Acts and subordinate statutes, such as criminal records;
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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the forward consideration shall be repeatedly given in favor of the former);
1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;