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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 of the final judgment.
Reasons
Punishment of the crime
On June 21, 2002, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (unlicensed Driving) at the Chuncheon District Court on March 21, 2003. On September 15, 2005, the Defendant issued a summary order of KRW 2 million for the same crime at the same court on September 2005. On October 12, 2006, the Defendant issued a summary order of KRW 2 million for the same crime at the same court on April 20, 2006. On December 6, 2007, the Defendant received a summary order of KRW 3 million for the same crime from the same court on April 15, 2006, and issued a summary order of KRW 1 million for the same crime at the same court on December 6, 2007, and the same court issued the said summary order of KRW 1 million for the same crime on March 15, 2015.
Facts of crimes.
1. Around 19:00 on May 8, 2013, the Defendant was driving a vehicle of approximately KRW 28 km H rolling stock at a distance of 28 km in front of the open-end road located in the Gangseo-gun C through the road in front of the “E” located in the Gangseo-gu, Yangwon-gun D without obtaining a driver’s license.
2. Around 20:30 on May 8, 2013, the Defendant, while under the influence of alcohol with a blood alcohol content of 0.135%, driven a vehicle of approximately 2 km from the front of the “E” to the front of the “G” site at the “E” road.
3. At around May 8, 2013, the Defendant: (a) loaded and stolen approximately KRW 12,000 of the market value of the scrap metal owned by the victim I and approximately 40 km in loading the said cargo at an open space of “G”, which was kept there.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police officer to I;
1. A theft scene photograph;
1. Inquiries about the results of drinking control;
1. Application of the statutes on the register of driver's licenses;
1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act, Article 329 of the Criminal Act;
1. Commercial concurrence;