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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 January 4, 2007, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act, etc. at the Chuncheon District Court on October 2007. On April 29, 2008, the Defendant was sentenced to a summary order of two million won for a violation of the Road Traffic Act, and on January 17, 2014, the same court issued a summary order of six million won for a violation of the Road Traffic Act.
On August 7, 2014, at around 19:20 on August 7, 2014, the Defendant driven a D observer car under the influence of alcohol content of 0.106% without obtaining a driver’s license from approximately 10km section from the front of the Defendant’s dwelling in the Gangwon-do C via the Yeongdeungpo-do Highway Road Intersections to the front of the 264-do Crossing-gun, Gangwon-do Crossing-gun.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. Registers of driver's licenses;
1. Previous records of judgment: Criminal records, correspondence records, one summary order, and application of two-yearly Acts and subordinate statutes of judgment;
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. Article 62 (1) of the Criminal Act;
1. Reasons for the sentencing of Article 62-2 of the Criminal Act: 4 times as stated in the judgment of the court below, that the person is responsible for the livelihood of the children of 13 years of age, including automobile-scrapping and the employer, and that the person is responsible for the livelihood of the children of 13 years of age.