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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
[criminal power] On June 30, 2006, the Defendant issued a summary order of KRW 2.5 million in the same court as a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on October 12, 2006, a fine of KRW 2.5 million in the same court on October 15, 201, and a fine of KRW 2.5 million in the same court on October 15, 2010.
【Criminal Facts】
On March 11, 2016, around 22:13, the Defendant driven a B rocketing car under the influence of alcohol content of 0.134%, without obtaining a driver’s license, from the front day of the mutually influent packing car in the Gyeonggi-si, Gwangju-si to the front day of the same station, and without obtaining a driver’s license in approximately 200 meters from the front day of the same station.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Registers of driver's licenses;
1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;
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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
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 (including the fact that the suspension of execution is against the other person and there is no criminal record exceeding the fine);
1. Order to attend lectures under Article 62-2 of the Criminal Act;