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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 January 8, 2008, the defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Busan District Court, on April 20, 2009, a summary order of 3 million won by a fine for a violation of the Road Traffic Act, and on July 17, 2013, the same court was sentenced to a summary order of 5 million won by a fine for a violation of the Road Traffic Act.
On March 25, 2014, at around 21:40, the Defendant driven B vehicles under the influence of alcohol content of 0.108% without obtaining a driver’s license in a section of about 2 km from the day before the current graduate school located in the same Moradong to the road before the present graduate school located in the same Moradong.
Summary of Evidence
1. Defendant's legal statement;
1. Inspection into the ledger of driver's licenses and the results of the drinking driving control;
1. Application of statutes to inquiries about criminal records, etc.;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment in consideration of the same kind of punishment;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 53 or 55 (1) 3);
1. Article 62 (1) of the Criminal Act;
1. Order to attend lectures under Article 62-2 of the Criminal Act;