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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 September 16, 2008, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Changwon District Court on September 16, 2008, and issued a summary order of KRW 3 million for the same crime at the same court on November 14, 201.
On March 21, 2014, at around 23:13, the Defendant driven a B-car under the influence of alcohol content of about 0.164% without obtaining a driver’s license, from the front of a restaurant in the trade name, “FOY-gu, Jin-si, Jin-si, Kim Young-si, to the front of the same 100m-ri Lin Park.
Summary of Evidence
1. Defendant's legal statement;
1. The evidence list No. 4,6-8 submitted by the prosecutor
1. Before judgment: Application of the above evidence list Nos. 9 and 10;
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 an alternative imprisonment with prison labor (in consideration of the fact that he/she has served four times as fines for the same kind of crime);
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., mitigation of discretionary mitigation);
1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the defendant has no record of criminal punishment heavier than that of the suspension of execution and that the defendant is willing not to repeat the same kind of crime in the future);
1. Article 62-2 of the Criminal Act to provide community service or attend lectures;