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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 11, 2013, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on January 11, 2013, and was sentenced to a fine of KRW 2.5 million by the same court on July 25, 2014.
【Criminal Facts】
On December 7, 2014, at around 09:32, the Defendant driven a Brocketing car with approximately 300 meters alcohol concentration of 0.082% under the influence of alcohol without obtaining a driver’s license.
Accordingly, the defendant was punished for violating the Road Traffic Act at least twice, and driving a motor vehicle under the influence of alcohol without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving and on the situation of drinking driving;
1. The driver's license ledger;
1. Previous records of judgment: Criminal records, reply reports, and application of two copies of written judgments to two Acts and subordinate statutes;
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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (Consideration of the crime in this case, including the background of the crime in this case and the blood alcohol concentration);
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 (1) of the Criminal Act to attend lectures;