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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 25, 2007, the defendant was sentenced to a fine of 7 million won for the crime of violation of the Road Traffic Act at the Daejeon District Court on May 22, 2009, and was sentenced to a fine of 1.5 million won for the crime of violation of the Road Traffic Act at the Daejeon District Court on May 22, 2009, and on April 1, 2013, the Daejeon District Court was sentenced to a fine of 3 million won for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the violation of the Road Traffic Act.
On September 30, 2013, at around 23:45, the Defendant driven B K5 cars while under the influence of alcohol content of about 0.132% without a vehicle driver’s license at a distance of about 5 meters in front of the entrance of the Doma elementary school located in Seo-gu, Seo-gu, Daejeon.
Summary of Evidence
1. Defendant's legal statement;
1. Report on proper launch of drivers, and the register of driver's licenses;
1. Application of Acts and subordinate statutes concerning criminal records;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the distance driven by the accused is about five meters in consideration of the fact that the distance driven by the accused is shorter than the distance driven by the accused, the fact that the distance driven by the accused is against the mistake, the fact that there is no penalty heavier than the fine, etc.);
1. Article 62 (1) of the Criminal Act (the foregoing sentence shall be taken into consideration in light of the circumstances);
1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;