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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 8, 2015, the Defendant was issued a summary order of a fine of five million won for a crime of violating the Road Traffic Act at the Daejeon District Court on March 8, 2015, and on April 15, 2009, the Defendant was sentenced to a fine of four million won for a crime of violating the Road Traffic Act at the Daejeon District Court on April 15, 2009 and was sentenced to a fine of four million won for the same kind of force
On October 27, 2015, at around 03:35, the Defendant driven a e-mail under the influence of alcohol content of 0.268% while under the influence of alcohol without obtaining a driver's license from the front of the Diculon road located in Sejong, to the West of the same Eup/Myeon from about 500 meters to the Western of the same Eup/Myeon.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Application of replys to inquiries, such as criminal history, investigation reports (referring to previous convictions and attachment of such judgment) and statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative sentence of imprisonment (high drinking volume and six times of fine for the same kind);
1. Article 62 (1) of the Criminal Act on the suspension of execution (a person who has no previous record of reflectivity, driving distance, or suspension of execution or more);
1. Protective observation and community service order under Article 62-2 of the Criminal Act;