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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 April 22, 2013, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Busan District Court and a fine of 4 million won for a violation of the Road Traffic Act at the Busan District Court on July 9, 2013.
On November 24, 2013, at around 05:50 on November 24, 2013, the Defendant driven a vehicle for riding the C bargaining under the influence of alcohol content of 0.088%, without obtaining a driver’s license, at approximately 2 km section at the entrance of the Changwon Port located in Seongbuk-gu, Seongbuk-si, Sungwon-si to the Jingu, Kimhae-si, at the entrance of the Changhae-si, to the road.
Summary of Evidence
1. Defendant's legal statement;
1. No. 2-6, and No. 8 of the evidence list submitted by the prosecutor (hereinafter “verification”).
1. Previous convictions in judgment: the application of the Acts and subordinate statutes No. 9,100;
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 (see, e.g., previous conviction);
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 201Do1148, Apr. 21, 201; 201Do1139, Feb. 2
1. Article 62 (1) of the Criminal Act with regard to suspended execution (see, e.g., Article 62 (1) of the Criminal Act to refrain from repeating the same kind of crime in the preceding and circumstances to consider the circumstances of the
1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act regarding an order to attend a probation and compliance lecture;