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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 20, 2012, the Defendant issued a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving on a commercial site in Suwon District Court) and a fine of KRW 7 million for the same crime in the same court on March 24, 2014. However, on April 18, 2015, the Defendant again driven the said car without a driver’s license in the state of under the influence of alcohol concentration of approximately KRW 0.145% from the 900 meters away from the Raf Apartment Apartment apartment in Pyeongtaek-dong, which is located in Pyeongtaek-dong, to the road in front of Pyeongtaek-si agency, to the 1595, as Pyeongtaek-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on driving and the register of driver's licenses;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;
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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Determination as to whether to apply the sentencing criteria repeatedly for the same crime: The relevant facts; and