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A defendant shall be punished by imprisonment for not less than eight months.
except that 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 February 18, 201, the Defendant was issued a summary order of one million won or more as a crime of violating the Road Traffic Act at the Busan District Court on February 18, 201, and a summary order of four million won or more as a crime of violating the Road Traffic Act at the Busan District Court on February 7, 2013.
【Criminal Facts】
On December 6, 2013, at around 22:25, the Defendant, who had been punished twice or more due to drinking driving, was driving a two-km motor vehicle while under the influence of alcohol 0.146%, without obtaining a driver’s license, from the front day of the “Yanpo-dong,” located in Seo-gu, Seo-gu, Busan, to the front day of the “Yanpo-dong,” located in Seo-gu, Busan, and around 22:30 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a motor vehicle under the influence of alcohol, inquiry into the results of the control of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and the register
1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached to summary orders);
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (i.e., the violation of the defendant and the fact that the defendant has no criminal records other than the fine) or more;