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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 9, 2010, the Defendant issued, at the Jeju District Court, a summary order of KRW 1 million for a crime of violation of the Road Traffic Act; on November 21, 2013, a summary order of KRW 3 million for a crime of violation of the Road Traffic Act; on April 18, 2014, the same court issued a summary order of KRW 6 million for a crime of violation of the Road Traffic Act; and on August 12, 2014, the same court was sentenced to a fine of KRW 5 million for a crime of violation of the Road Traffic Act.
On September 3, 2015, at around 21:38, the Defendant driven a B observer car under the influence of alcohol content of 0.171% without a driver’s license at a section of about 500 meters from the bus end point of the bus located on the south-si, Seopo-si, Seopo-si, to the front side of the east-ri, Seopo-si, Seopo-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of drinking drivers, and notification of the results of the control of drinking driving;
1. The driver's license ledger;
1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (former and current statutes);
1. Relevant legal provisions concerning criminal facts: Articles 148-2 (1) 1, 44 (1) (not less than three times of drinking driving), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act (the point of driving without a license); 1. 1. Formal concurrence and the choice of punishment: Imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;
1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;
1. Suspension of execution: Article 62 (1) of the Criminal Act;
1. Order to attend a lecture: It shall be decided as per Disposition on the grounds of Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;