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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
[2012 Gohap1103] The defendant was issued a summary order of KRW 1 million on September 3, 2009 with a fine of KRW 1 million for a violation of the Road Traffic Act at the Busan District Court's branch branch branch. On November 16, 2009, this court was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act, and the same criminal records are four persons with the same kind of criminal records.
【Criminal Facts】
On November 4, 2012, at around 00:28, the Defendant driven C Lasta car with approximately 500 meters from the front road of the Dong office located in the Busan Jin-gu, Busan, to the Jinyang-dong located in the same Gu, while under the influence of alcohol 0.201% of the blood alcohol concentration standard.
[2013Gohap339] [criminal power] The defendant was issued a summary order of KRW 1 million on September 3, 2009 by the Busan District Court's branch branch for the crime of violation of the Road Traffic Act. On November 16, 2009, the court was sentenced to a fine of KRW 1 million on November 16, 2009.
【Criminal Facts】
On March 27, 2013, at around 23:25, the Defendant driven a D car under the influence of alcohol of about 500 meters from the front day of the Jinju Ro-dong located in the Southern-gu Busan Metropolitan City to the front day of the same Gu-dong in the same Gu-dong, without a driver's license, at approximately 0.131% of the blood alcohol concentration standard.
Summary of Evidence
[2012 Gohap1103]
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Report on the request for appraisal, and report on the occupancy of a driver, etc.;
1. Previous records of judgment: A inquiry report and investigation report (report attached to a copy of the judgment) including criminal records;
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Registers of driver's licenses;
1. Before judgment: Application of Acts and subordinate statutes to criminal records, previous records of disposition, report on results of confirmation, and investigation reports (report attached to judgment, etc.);
1. Relevant Articles 148-2 (1) 1 and 44 of the Road Traffic Act concerning the facts constituting the crime; and