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A defendant shall be punished by imprisonment for not more than ten 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 May 2, 2008, the Defendant was issued a summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act, and KRW 4 million for the same crime in the same court on May 18, 2012.
On April 14, 2013, at around 04:00, the Defendant driven a Bknb vehicle under the influence of alcohol content of 0.154% without obtaining a driver’s license from a section of approximately 1km from the front of the Seoul Sea State, which is located in the original city, to the front of the fifth apartment in the original city.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial report on drivers and the register of driver's licenses;
1. Before judgment: Criminal records, investigation reports (Attachment of summary order) and application of Acts and subordinate statutes attached thereto;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen of the kind of punishment ( Taking into account the previous conviction of the same kind);
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Article 55 (1) of the Criminal Act (Article 53 and Article 55 (1));
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures (Consideration of the same type of crime, etc.);