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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 April 3, 2012, the Defendant issued a summary order of 1.5 million won of a fine for a violation of the Road Traffic Act at the Sung-nam branch of Suwon District Court on April 3, 2012, and on May 15, 2013, the Defendant issued a summary order of 4 million won of a fine for a violation of the Road Traffic Act at the Suwon District Court on May 15, 2013.
On May 8, 2014, at around 22:36, the Defendant, without obtaining a driver’s license, driven a B e-mail car at approximately 100 meters around the road near the entrance of a e-galian-Eup, Gwangju Metropolitan City, in the vicinity of the trade name in the e-galivic location, in the state of alcohol concentration of 0.158%.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Report on the results of the drinking driving control, and 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 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are previous convictions sentenced to a fine twice due to drinking alcohol, but the defendant is committed while committing the crime, and the defendant is repented, and the defendant is not required to drive under the influence of alcohol or not to drive under the license again, etc., the punishment shall be determined as per the order.