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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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 1, 2008, the Defendant issued a summary order of KRW 1,000,000 as a fine for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on September 1, 2008, and on December 31, 2013, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) in the Suwon District Court's Ansan Branch on December 31, 2013.
On April 14, 2014, at around 23:41, the Defendant driven BM7 car under the influence of alcohol content of 0.113% without obtaining a driving license for approximately 300 meters from the front day of Emart-dong 1510 Fu-gu, Y-gu to the front day of the 7rd apartment complex of the same Sinsan-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol, inquiry into driver's license, and inquiry into the results of the control of drinking driving;
1. The application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports;
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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 20
1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that there is no record of punishment other than a fine for the accused);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;