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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 29, 2013, the Defendant was issued a summary order of a fine of four million won by a violation of the Road Traffic Act (drinking driving), and on October 4, 2016, the Defendant was issued a summary order of a fine of 1.5 million won by the same court as the same crime, and on October 24, 2016, the Defendant violated Article 44(1) of the Road Traffic Act on at least two occasions by receiving a summary order of a fine of seven million won by the same court as the same crime.
On April 30, 2017, on the road where it is impossible to find out the location of Gugri-si, Sigri-si, Sigri-si, Sigri-si, the Defendant driven Bystren car with approximately 100 meters alcohol content at approximately 0.161% under the influence of alcohol without a driver’s license, from the 100-distance section to the front of the 64 Hag-si, Sigri-si, Sigri-si.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Inquiries about the results of crackdown on drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Report on the circumstances of driving without a license;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);
1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. The defendant's crime of drinking alcohol driving of this case with the reason of sentencing Article 62-2 of the Criminal Act of the community service order and order to attend lectures is the fourth.
In addition, at this time, they were driving under the influence of alcohol without a license, and the alcohol concentration in blood was very high.
In addition, the defendant was punished by a fine on two occasions in 2016 due to drinking driving.
In addition, on October 24, 2016, when a person who has been punished for drinking twice or more under the Road Traffic Act is again under the same provision of the Road Traffic Act, i.e., a fine of seven million won or more, which is not imprisonment, is sentenced to an aggravated punishment.