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1. The defendant shall be punished by imprisonment with prison labor for ten months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 11, 2008, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and KRW 3 million as a fine in the same court on October 31, 201.
On September 8, 2014, the Defendant, while under the influence of alcohol 00:58, 0.169% of blood alcohol level, driven a non-living village center located in Jinju-si, which is located in the name asbestos acid without a car driver’s license, with B/CRD EX-V-6 car from approximately 500 meters of water to the direction of the development village located in the same Ri above.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;
1. Registers of driver's licenses;
1. Records before judgment: Application of criminal records, etc. 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2002Du114888
1. It shall be decided as ordered for the reason of probation, community service, or lecture attendance order under Article 62-2 of the Criminal Act (Consideration of a number of similar criminal records, etc.);