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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 July 4, 200, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act (driving) at the Changwon District Court through the Changwon District Court on July 4, 200; a fine of 3 million won for a violation of the Road Traffic Act (driving) at the Busan District Court on February 16, 2005; a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Busan District Court on April 4, 2006; a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Busan District Court on November 19, 2008; and a fine of 2.5 million won for a violation of the Road Traffic Act at the Busan District Court on May 11, 2009.
On March 19, 2014, at around 01:00, the Defendant driven a BM5 vehicle under the influence of alcohol content of 0.073% without obtaining a driver license from around 300 meters section from the front side of a restaurant in the middle port in Busan Young-gu to the front side of the Hanjin Heavy Industries located in Busan Young-gu. The Defendant driven a BM5 vehicle under the influence of alcohol content of 0.073% without obtaining a driver license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the drinking driving control, and the driver's license register;
1. Application of Acts and subordinate statutes, such as criminal records;
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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do349, Apr. 2,
1. Article 62 (1) of the Criminal Act on the suspension of execution (it shall be considered that there has been no same criminal records during one year);
1. Social service order under Article 62-2 of the Criminal Act;