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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 December 28, 2006, the Defendant was sentenced to a summary order of KRW 4 million by a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Incheon District Court on December 28, 2006, a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on December 24, 2007, and on June 10, 2013 at the Incheon District Court on June 10, 2013.
On November 6, 2013, at around 03:46, the Defendant driven BM5 car in the state of alcohol 0.114% alcohol without a car driver’s license, from the red kyke-dong located in Mapo-gu Seoul Metropolitan Government to around 76:4km-dong 3, Yeongdeungpo-gu, Seoul Metropolitan Government.
Accordingly, the defendant, who has driven a motor vehicle twice or more, drives a motor vehicle under the influence of alcohol again and has not obtained a driver's license at the same time.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual status of a host driver;
1. Registers of driver's licenses;
1. Criminal records and the application of three copies of written judgments to statutes;
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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant reflects his mistake and has no record of punishment heavier than imprisonment without prison labor);
1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;