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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On April 22, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Daegu District Court’s Ansan Branch on April 22, 2010, and a fine of KRW 2.5 million for the same crime in the same court on August 8, 2013.
【Criminal Facts】
On June 6, 2014, at around 15:07, the Defendant driven a motor vehicle of about 1km in the section of about 0.089% of blood alcohol concentration without obtaining a driver’s license from the front of the Defendant’s house located in the permanent resident city B to the short intersection road located in the permanent resident city.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the actual state of state of drivers, and the register of driver's licenses;
1. Before ruling: Application of criminal records, inquiry reports, investigation reports, and statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the choice of imprisonment and the point of drinking alcohol), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
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 (see, e.g., Supreme Court Decision 62 (1));
1. Order to attend lectures under Article 62-2 of the Criminal Act;