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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
On December 1, 2011, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court, and a fine of five million won for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on April 30, 2013, respectively.
On December 16, 2013, at around 22:00, the Defendant driven the Bk5 vehicle at a distance of about 200 meters from the front road in the Young-gu, Suwon-si without obtaining a driver's license under the influence of alcohol with a blood alcohol level of 0.083%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the status of drinking drivers;
1. A driver's license inquiry;
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 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the favorable reasons among the reasons for probation under the following year);
1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act provides that the execution of the sentence shall be postponed by taking into consideration the fact that the defendant has been punished for driving under the influence of alcohol or driving without a license, even though it is not good to commit the crime by driving under the influence of alcohol or driving without a license, other than confession, reflectivity, and fines, and there
1. Article 62-2 (1) and (2) of the Criminal Act of the Act on Probation and Order to Attend Courses;