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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. In the case of the Defendant’s criminal power around October 28, 201, the period of suspension of the execution to October 10 and the same court on July 27, 2011 sentenced a fine of five million won to a fine of five million won for a violation of the Road Traffic Act, respectively.
2. On September 8, 2014, at around 06:45, the Defendant driven BM5 automobiles without a car driver’s license in the section of about five kilometers from the mutual influence points in the summer-dong at a time to the same city’s singing and singing, while under the influence of alcohol by 0.248%.
Summary of Evidence
1. Defendant's legal statement;
1. Copies of the register of drinkbling meters, and the report on the situation of the driver;
1. Previous convictions in judgment: Criminal records, investigation reports (reports attached to summary orders, etc.), and application of three copies of written judgments;
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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);
1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;