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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 October 22, 2013, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Southern District Court on October 22, 2013. On January 6, 2014, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (driving without a license).
On May 27, 2014, the Defendant, without obtaining a driver’s license on May 27, 2014, driven a B K7 car at approximately 1 km from the roads in front of the Suwon-dong Central Park in Seongbuk-gu, Sungnam-si, on the roads near the water flow of the area at 0.078% of the blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Making a report on the control of drinking driving;
1. Registers of driver's licenses;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;
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. The reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order are previous convictions who have been sentenced five times to a fine due to drinking or non-licensed driving. However, considering the fact that the accused is the time of committing a crime, and the accused is divided, and is not able to drive drinking or non-licensed driving again, the punishment shall be determined as ordered by the order.