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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 November 20, 2007, the Defendant issued a summary order of KRW 2 million to a fine of KRW 1 million for a violation of the Road Traffic Act, and a fine of KRW 3 million for the same crime in the same court on November 1, 2012.
Criminal facts
On April 19, 2013, at around 23:40, the Defendant, without a driver’s license, driven a car with 2 km B car at the front of Korea Construction in the same Dong as in front of the Jinju, who is under the influence of alcohol with 0.090% of the blood alcohol level at the other side at the time of Jinju, without a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Registers of driver's licenses;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report attached to judgments) and Acts and subordinate statutes;
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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);
1. Article 62-2 of the Criminal Act to provide community service or attend lectures;