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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 November 28, 2008, the Defendant was sentenced to a fine of 1.5 million won for the violation of the Road Traffic Act at the Suwon District Court on November 28, 2008, and was sentenced to a fine of 2 million won for the violation of the Road Traffic Act at the Suwon District Court on January 16, 2009, and was sentenced to a fine of 5 million won for the violation of the Road Traffic Act at the Suwon District Court on November 30, 2012.
On June 6, 2014, at around 23:38, the Defendant driven a B-car under the influence of alcohol content of about 10 meters without a car driver’s license, from the north Square in front of the return road of Gyeonggi C-do to the front road of the 14th Mad-ro, Dongtan-ro, Dotan-ro, the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the control results of drinking driving, and report on the situation of drinking driving;
1. A driver's license inquiry;
1. Previous records: Application of inquiries and replies to inquiries, such as criminal records;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the favorable reasons among the reasons for probation under the following year);
1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act provides that the execution of a sentence shall be postponed by taking into consideration the following: although the defendant was punished for driving under the influence of alcohol on three occasions as above, his/her mistake is not good, his/her mistake is divided, there is no special criminal record other than a fine, and the blood alcohol concentration is relatively low);
1. Article 62-2 (1) of the Criminal Act to attend lectures;