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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
On June 24, 2008, the Defendant was issued a summary order of KRW 5 million by the Seoul Central District Court due to a violation of the Road Traffic Act (driving) and on February 13, 2015, the Defendant was issued a summary order of KRW 5 million by the Incheon District Court on February 13, 2015.
At around 23:30 on May 13, 2015, the Defendant, while under the influence of alcohol with a blood alcohol concentration of 0.147% without a car driver’s license, driven C-Scar car at approximately KRW 700 meters from the roads of Seo-gu Incheon Seo-gu, Incheon to the front road of the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the situation of a driver, a report on the state of status of a driver, a report on the state of a driver, a register of driver's licenses, and a report on internal investigation (No. 12
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of summary orders, etc. of the same criminal records as a suspect);
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., reflection of the fact, and consideration for the fact that there exists no record of punishment of imprisonment without prison labor or more for the latest ten years);
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Article 62-2 of the Criminal Act to provide community service or attend lectures;