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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
[criminal power] On May 6, 2008, the Defendant was sentenced to a fine of KRW 2.5 million for the crime of violation of the Road Traffic Act at the Seoul Central District Court on March 29, 201, a fine of KRW 4 million for the same crime from the vice branch of the Incheon District Court on March 29, 201, and a fine of KRW 8 million for the same crime at the Seoul Southern District Court on April 23, 2015.
【Criminal Facts】
On October 24, 2015, at around 01:10, the Defendant, while under the influence of alcohol, driven a motor vehicle with blood alcohol concentration of 0.207 percent and without obtaining a driver’s license, drive Bone Star Co., Ltd in front of 69, Seocheon-si, Seocheon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the control results of drinking driving, report on the state of driving under the influence of alcohol, and report on the state of operating under the influence of alcohol;
1. Report on the situation of operation without a license;
1. Registers of driver's licenses;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and subparagraph 1 of Article 152 of the Road Traffic Act and subparagraph 1 of Article 152 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the confession of a crime, the fact that it appears to be reflective, and the sentencing conditions, etc. prescribed in Article 51 of the Criminal Act);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the forward consideration shall be repeatedly given in favor of the former);
1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;