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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 November 8, 2012, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Suwon District Court’s Ansan Branch, and a fine of KRW 4 million for the same crime in the same court on March 20, 2012.
On March 21, 2013, at around 23:40, the Defendant, while under the influence of alcohol with a blood alcohol concentration of 0.087% without a car driver’s license, driven Bho-do car from the front side of the Hanyang-dong Southern-dong market in Ansan-gu to the front side of the Hanyang-dong Hanyang-dong Hanyang-dong Oil station in the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Report on the results of the control of drinking driving, inquiry of driver's license, and report on the situation of driver's license without permission;
1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of a summary order), and application of summary order statutes;
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;
1. Probation, community service order and order to attend a lecture are against the defendant in the reason of sentencing under Article 62-2 of the Criminal Act, and the defendant has three times a drinking-driving and two times a licenseless driving. It is so decided as per Disposition for the above reasons.