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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
Criminal facts
On March 8, 2010, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and on May 6, 2013, the Defendant received a summary order of KRW 5 million from the Changwon District Court to a fine for a violation of the Road Traffic Act.
On August 3, 2015, at around 23:10, the Defendant, at around 23:10, driven a B-learning car under the influence of alcohol concentration of 0.204% without obtaining a driver's license from a section of about 300 meters from the front of a restaurant to the front of the road in the dong-dong in Kimhae-si, Kimhae-si.
Summary of Evidence
1. Defendant's legal statement;
1. A written report from an employee of an employer;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of a summary order);
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 on the suspension of execution (Taking into account that there is no past record of criminal punishment exceeding a fine due to the same kind of crime);
1. Order to attend lectures under Article 62-2 of the Criminal Act;