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A defendant shall be punished by imprisonment for not more than ten 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
[2013Kadan709] On December 24, 2009, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) at the Suwon District Court. On November 29, 2010, the Daejeon District Court issued a summary order of KRW 3.5 million with the same offense.
On June 30, 2012, at around 05:35, the Defendant, without obtaining a driver’s license, driven a vehicle B with approximately 40 meters distance from the front day of the juitius in the Daejeon Pung-dong to the front day of the Maitius located in the Daejeon Pung-dong with the blood alcohol concentration of 0.153%, without obtaining a driver’s license.
[2013 Godan924] On December 24, 2009, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) at the Suwon District Court. On November 29, 2010, the Daejeon District Court issued a summary order of KRW 3.5 million with the same offense.
On February 15, 2013, at around 20:55, the Defendant driven a C-car under the influence of alcohol with approximately KRW 300 meters alcohol concentration 0.272% without obtaining a driver’s license in the section of about 300 meters from the scar golf course in the Seo-gu Daejeon District to the orchard distance in the same Dong.
Summary of Evidence
[2013 Highest 709]
1. Defendant's legal statement;
1. Control note;
1. Report on actions taken against an employer, and report on the status of an employer-employed driver;
1. Registers of driver's licenses;
1. Previous convictions in the judgment: The previous conviction and confirmation [2013 Heights924];
1. Defendant's legal statement;
1. Control note;
1. Report on actions taken against an employer, and report on the status of an employer-employed driver;
1. Registers of driver's licenses;
1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (former and confirmative report);
1. Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the point of driving without a driver's license) of each Article of the corresponding Act on the facts constituting a crime under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;
1. Among the crimes of violation of the Road Traffic Act due to drinking and unlicensed driving as stated in each of the Articles 40 and 50 of the Criminal Code, each of them shall be punished.