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A defendant shall be punished by imprisonment for not less than eight 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 November 11, 2010, the Defendant was issued a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act at the Seoul Southern District Court. On March 11, 2011, the Seoul Central District Court issued a summary order of 3.5 million won by a fine for a violation of the Road Traffic Act. On April 17, 2012, the Defendant was sentenced to a fine of 7 million won by a fine at the Seoul Central District Court for a violation of the Road Traffic Act.
On August 14, 2014, at around 03:49, the Defendant driven BM5 car at approximately 5km from the Gwanak-gu Seoul Special Metropolitan City to the 371st day in Geumcheon-gu, Geumcheon-gu, Seoul, with a blood alcohol concentration of 0.27% without obtaining a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the results of the drinking driving control, and making inquiries into the driver's license;
1. Previous convictions in judgment: Criminal records, summary orders, and application of statutes governing judgment;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;
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 punishment as ordered shall be determined by taking into account the following two factors: (a) the fact that the reason for sentencing under Article 62-2 of the Criminal Act, which has been sentenced to a fine on three occasions due to drinking alcohol and without obtaining a license, continues to run the instant drinking and without obtaining a license; (b) the blood alcohol content exceeds 0.2%; (c) on the other hand, there is no criminal record other than the above fine; and (d) the fact that