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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
On February 3, 2014, the Defendant received a summary order of KRW 1,50,000 from Daejeon District Court to a fine for a violation of the Road Traffic Act. On May 28, 2014, the Defendant received a summary order of KRW 6,00,000 as a fine for a violation of the Road Traffic Act.
As above, the Defendant is a person who violates Article 44(1) of the Road Traffic Act at least twice.
On April 11, 2015, at around 06:30, the Defendant driven a balp motor vehicle with a blood alcohol concentration of 0.097% under the influence of alcohol without obtaining a driver’s license from the front side of the current feow-type horse in the Geumcheon-gun, Chungcheongnam-do, Sincheon-do to the front side of the said 1km-ro 124, 124, 201.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;
1. One copy of the register of driver's licenses;
1. Previous convictions indicated in the judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes attached to two 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. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the fact that a mistake is repented while in confession and that there is no criminal record of suspension of qualification or more severe punishment);
1. Order to attend lectures under Article 62-2 of the Criminal Act;