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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 September 17, 2007, the Defendant was sentenced to a summary order of one million won or more as a fine for a violation of the Road Traffic Act, and a summary order of 1.5 million won or more as a fine for a violation of the Road Traffic Act at the Changwon District Court on June 30, 2008. On February 25, 201, at the Changwon District Court on February 25, 201, the Defendant was sentenced to a suspended sentence of one year or more as a fine for a violation of the Road Traffic Act.
Although the Defendant had been punished twice or more due to drunk driving, on March 8, 2014, at around 01:48, the Defendant driven a B low-speed car without a driver’s license, with approximately approximately 100 meters alcohol level from the front day of the Sejong-si Sejong-si Sejong-si, Kim Jong-si to the front day of the luminous station located in the same Dong and Dong-dong from March 8, 2014 without a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. The evidence list Nos. 1 to 7 submitted by the prosecutor
1. Before judgment: Application of the above evidence list Nos. 8 and 9;
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. Selection of imprisonment with prison labor chosen (see, e.g., previous conviction);
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., mitigation of discretionary mitigation);
1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that there is no high drinking level and currently receiving hospital treatment with depression, and that it is going not to repeat the same kind of crime);
1. Social service order under Article 62-2 of the Criminal Act;