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A defendant shall be punished by imprisonment for six months.
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 April 5, 2013, the Defendant filed a request with the Suwon District Court for a summary order due to a violation of the Road Traffic Act (driving). On April 26, 2013, the Defendant filed a request for a summary order due to a violation of the Road Traffic Act (driving) with the Chuncheon District Court.
On January 1, 2014, at around 12:07, the Defendant driven a small-sized e-mail without mandatory insurance without a license, while under the influence of alcohol content of approximately 0.198% at a section of about 100 meters from the front day of the Japanese restaurant located in the Chosung-si, the e-mail Eup, to the front day of the said e-mail restaurant located in the same Ri, and without a license.
Summary of Evidence
1. A protocol concerning the police interrogation of the accused;
1. Protocol of the police statement concerning B;
1. A report on the actual status of a host driver;
1. A written report from an employee of an employer;
1. Notification of discovery of unregistered two-wheeled motor vehicles;
1. Registers of driver's licenses;
1. A reply to inquiries, such as criminal records;
1. Investigation report (suspect's records of drinking driving);
1. Application of each Act and subordinate statutes to a copy of indictment;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Mitigation of discretionary work and mitigation of circumstances under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that only a fine has been imposed in connection with the driving of sound, etc.);
1. Article 62 (1) of the Criminal Act on the suspension of execution;