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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 of the final judgment.
Reasons
Punishment of the crime
On June 10, 2009, the Defendant was sentenced to a summary order of 2.5 million won for a violation of the Road Traffic Act (driving) at the Changwon District Court’s Tong branch on June 10, 2009. On July 23, 2010, the Defendant was sentenced to a summary order of 4 million won for a violation of the Road Traffic Act (driving) at the Changwon District Court’s Tong branch on July 23, 201, and on May 10, 2012, the Defendant was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act (driving) at the Changwon District Court’s Tong branch branch on May 10, 201.
On July 4, 2014, at around 14:50 on July 4, 2014, the Defendant driven a C car under the influence of alcohol with a blood alcohol concentration of about 0.139% without obtaining a driver's license from a section of about 15 km from the So-dong to the front road of the construction site of the Ho-dong Ga-dong-dong, 15:20 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of crackdown on drinking driving;
1. Registers of driver's licenses;
1. Previous records: Application of inquiries and replies to inquiries, such as criminal records;
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,
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;