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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 27, 2008, the Defendant was sentenced to a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) in the Suwon District Court's Ansan Branch on February 27, 2008, and a fine of KRW 2 million due to a violation of the Road Traffic Act (driving) in the same court on November 14, 2008.
On December 8, 2013, the Defendant, without obtaining a driver’s license on a motor vehicle on December 22 and 10, 2013, driven a 700-meter car at the front of the government middle school located in the front of the city of Ansan-si and the front of the road, whose blood alcohol content is 0.163%.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Report on the situation of driving without a license, report on the situation of driving without a license, inquiry into the results of the control of driving without a license, and inquiry into driver's licenses;
1. Before judgment: References to criminal records and application of Acts and subordinate statutes to criminal investigation reports;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty, Articles 152 (1) and 43 of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 152 (1) of the Road Traffic Act, and Articles 152 (1) and
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., the part pertaining to the suspended execution below);
1. Suspension of execution of a punishment under Article 62 (1) of the Criminal Act (the suspension of execution of a punishment shall be imposed in consideration of the fact that the defendant is against himself, the fact that there is a previous conviction of a fine, the health of the defendant, family relationship
1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;