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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 April 7, 2009, the Defendant issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving without a license) at the Busan District Court on March 13, 2012, a fine of KRW 2 million for a violation of the Road Traffic Act (driving without a license) at the Busan District Court on April 29, 201, a violation of the Road Traffic Act (driving without a license) at the Changwon District Court on April 29, 2013, and a fine of KRW 4 million for a violation of the Road Traffic Act (driving without a license).
On May 9, 2015, at around 23:54, the Defendant driven CK5 vehicle while under the influence of alcohol of about 0.09% of alcohol content without a vehicle driver’s license, from around 300 meters to the front of the hospital, the name of the name in front of the Sok High Vehicle Trading Complex located in the Sok-gu Busan Metropolitan City, Busan.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., confession of the accused, the accused not less than a fine due to the same kind of crime for the latest three years, considering extenuating circumstances);
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;