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A defendant shall be punished by imprisonment for a term of one year and four months.
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
【2016 High Order 115】 The Defendant was sentenced by the Incheon District Court on June 19, 2014 to a fine of five million won for a crime of violating the Road Traffic Act (driving Drinking), and was indicted for the same crime in the same court on December 19, 2015, and is currently pending in the trial.
Although the Defendant had been exposed twice or more due to driving of alcohol as above, he again driven a coo vehicle in C under the influence of alcohol with approximately 40km alcohol concentration of about 0.091% without obtaining a driver’s license in the section of approximately 40km from the road front of the mutual influence in Mari-gun after the Gan-do, the Gan-gun around June 16, 2016 to the roads front of the Gannam-gun, the Defendant driven a coo vehicle in the state of under the influence of alcohol content of at least 0.091%, without obtaining a driver’s license.
[2016 Highest 148] On June 3, 2014, the Defendant driven a D body-person car under the influence of alcohol content of 0.118% while under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license, from about 1km section from the 22:31, 2014 in Busan Bupyeong-gu, Incheon to the 1st, Samsan-dong Incheon, Samsan-dong, to the 1st (Seoul direction) Incheon Metropolitan City Do.
Summary of Evidence
[15] Defendant’s legal statement report, notification of the results of drinking driving control, vehicle driver’s license register, vehicle accident inquiry, investigation report (the fact that the trial is in progress), investigation report (the fact that the trial is in progress), and investigation report (the confirmation of the same kind of force) 【148 higher-ranking order 148 of 2016] Defendant’s legal statement, Defendant’s vehicle driver’s license register, vehicle accident inquiry, vehicle accident report, vehicle driving situation report without a license, driving control report, results of inquiry of the fact that driving regulations are applied to the offense under the relevant Acts and subordinate statutes, Articles 148-2(1)1 and 44(1) (the driving date of a person who has been engaged in drinking on two occasions) of the Road Traffic Act, Article 152 subparag. 1 and Article 43(1) of the Road Traffic Act, Article 48-2(1)4 of the Road Traffic Act, Article 52 subparag. 2-4(1) of the Road Traffic Act, Article 28-4(2) of the Road Traffic Act