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A defendant shall be punished by imprisonment for one year.
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 October 7, 2003, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Southern District Court of the Jeonju on October 7, 2003, a summary order of KRW 2 million as a fine for the same crime in the same court on October 29, 2004, and a summary order of KRW 2 million in the same court on July 27, 2009 as a fine for a violation of the Road Traffic Act.
On July 2, 2013, at around 18:25, the Defendant driven a B blade car owned by the Defendant with approximately 15km alcohol concentration of about 0.219% without a car driver’s license from around 15km to around 15km-si, Southern-si, Seoul-si, the Central cafeteria-si, which was prohibited by the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Registers of driver's licenses;
1. Previous records of judgment: Application of inquiry reports and investigation reports (former records and attachment of judgment), including criminal records, etc.;
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 for commercial concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with more severe punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act suspended execution (including the fact that there are many persons who were punished for the same kind of crime as stated in the facts constituting the crime in the judgment of the accused, and that there are no records of punishment exceeding the fine, in which the damage of the traffic accident occurred is insignificant, and the defendant is committed against the crime in the case of this case, and that there is no record of punishment exceeding the fine);
1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;