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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
On November 9, 2012, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act at the Seoul Eastern District Court on November 9, 2012, and a fine of 4 million won for a violation of the Road Traffic Act at the same court on November 23, 2012, and has the record of being punished twice or more by driving a motor vehicle under the influence of alcohol.
On April 21, 2014, at around 23:40, the Defendant driven BM M3 car under the influence of alcohol concentration 0.094% on the front road of Songpa-gu Seoul Metropolitan Government, Gangdong-gu, Seoul, with no driver’s license to drive the BM M car while under the influence of alcohol concentration 0.094%.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Making a report on the control of drinking driving;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than three times), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Suspension of execution under Article 62 (1) of the Criminal Act (it shall be considered in light of the circumstances unfavorable to him/her, the fact that he/she exists in the same previous section, the fact that he/she repents and reflects his/her mistake, the fact that he/she does not have any criminal record exceeding
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;