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The punishment of the accused shall be eight months by imprisonment.
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
On March 19, 2008, the Defendant was notified of a summary order of a fine of KRW 700,000 for the crime of violation of the Road Traffic Act in the Yeongdeungpo-gu Seoul District Court branch on March 19, 2008, and a summary order of KRW 5 million for the crime of violation of the Road Traffic Act (driving) in the Yeongdeungpo-gu District Court Branch on October 10, 2013. On October 22, 2013, the Defendant was driving a car without a driver's license for a vehicle with approximately 300 meters section from the front day of the name house in the Ye-gu Ye-gu, Chungcheongnam-gu, Chungcheongnam-gu, Busan District Court under the influence of alcohol of KRW 0.29% for blood alcohol concentration on October 22, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. Entry in the circumstantial statement report of a host driver;
1. Entry in the register of driver's licenses;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes in each copy of summary order attached to criminal records and investigation reports (attached to the same criminal records and summary order);
1. Article applicable to criminal facts;
(a) Point of drinking under the judgment: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;
(b) Point of driving without obtaining a license: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;
1. Formal concurrence and the choice of a punishment under Articles 40 and 50 of the Criminal Act (the punishment prescribed for a violation of the Road Traffic Act with heavier punishment, and the choice of imprisonment);
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,
1. It is so decided as per Disposition for the reason that Article 62 (1) of the Criminal Act (including the fact that a person has no criminal record of imprisonment without prison labor or heavier punishment) is suspended;