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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 December 19, 2005, the Defendant was sentenced to a fine of 2.5 million won due to a violation of the Road Traffic Act (driving) in an Ansan Branch of the Suwon District Court on December 19, 2005, and on February 27, 2014, the Defendant was sentenced to a fine of 4 million won due to a violation of the Road Traffic Act (driving) and was sentenced to a fine of 4 million won due to a violation of the Road Traffic Act (driving) in the same court.
On March 30, 2015, at around 23:21, the Defendant driven a B-hurd vehicle with alcohol concentration of about 0.116% under the influence of alcohol level 0.16%, without obtaining a driver’s license, from the front day of the “Fu-Yak-gu, Masan-gu, Masan-si, 718-7” to the front day of the “Yasan-gu, Masan-si, Masan-dong, 1536, Masan-si, Masan-si, Masan-si, 1536.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial report on a drinking driver and the results of crackdown on drinking driving;
1. The driver's license ledger;
1. A report on investigation (specific report on the place of crime);
1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (former and report);
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 same Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Imprisonment with prison labor chosen;
1. Discretionary mitigation (The favorable circumstances examined in the following sentencing grounds) Articles 53 and 55(1)3 of the Criminal Act
1. Article 62(1) of the Criminal Act, which is favorable to the reasons for suspended execution (the following consideration):
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant reflects his mistake, and the circumstances leading to the instant crime are considered favorable to the records, such as the circumstances leading to the instant crime, and the sentence as ordered shall be determined.