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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 November 25, 2013, the Defendant received a summary order of KRW 5 million from the Ulsan District Court to a fine of KRW 5 million for a violation of the Road Traffic Act, from the Busan District Court on July 19, 2010 to a fine of KRW 2 million, and from August 31, 2009 to a fine of KRW 500,000 for a violation of the Road Traffic Act.
On March 13, 2014, at around 02:28, the Defendant driven B Poter truck with a blood alcohol concentration of about 0.155% under the influence of alcohol without obtaining a driver's license in the section of about 10 kilometers from the subway No. 1, the subway No. 1, the subway No. 1, the Busan National University, located in the Geum-gu Busan National University.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a driver and the register of driver's licenses;
1. Application of Acts and subordinate statutes, such as criminal records;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor in consideration of the same kind of punishment, the occurrence of an accident during driving, etc.;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Taking into account the fact that there is no more penalty of suspension of qualifications or more);
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Act to provide community service or attend lectures;