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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 December 31, 2012, the Defendant issued, respectively, a summary order of KRW 4 million by a fine of KRW 3 million by a violation of the Road Traffic Act at the Gunsan Branch of the Jeonju District Court on December 31, 2012, and a summary order of KRW 5 million by a fine of KRW 3 million by the same court on December 31, 2013.
On April 22, 2014, at around 23:45, the Defendant driven a motor vehicle with low alcohol level of 0.184%, without the driver’s license, at a section of about 100 meters, from the 100-meter radius to the road front of the Kim (U.S. M. S. S. S. S. S.) of the same Dong, which is located in the area of the Y. M. S. S.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry about the results of the control of drinking driving;
1. Registers of driver's licenses;
1. Records before judgment: Application of criminal records, repeated statements, and copies of each 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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of punishment (two times a fine) for the same kind of crime, and the fact that there are family members to support);
1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration into consideration in discretionary mitigation);
1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;
1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;