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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
[criminal power] On January 24, 2013, the Defendant issued a summary order of KRW 4 million at the Seoul Central District Court for a crime of violation of the Road Traffic Act, and on March 27, 2013, the Defendant issued a summary order of KRW 5 million at the Suwon District Court for a crime of violation of the Road Traffic Act.
【Criminal Facts】
Around 23:40 on April 12, 2013, the Defendant driven B automobiles at a section of about 50 meters from the day before Sungnam-si Franchiste Cykebow in Sungnam-si to the urban accelerated road between the day after the same Amphcke and the day after the same Amphcke, while under the influence of alcohol content of 0.10% without a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Registers of driver's licenses;
1. The application of Acts and subordinate statutes to a inquiry report about the results of the crackdown on drinking driving (pre-examination) and an investigation report (the confirmation of the previous record of drinking driving twice after June 1, 2006);
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on Probation, etc., of community service and lectures;