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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 December 24, 2007, the Defendant was sentenced to a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Seoul Northern District Court, and on October 22, 2010, the Defendant was sentenced to a suspended sentence of eight months for a crime of violating the Road Traffic Act at the Seoul Central District Court.
On May 27, 2017, the Defendant: (a) driven a vehicle B while under the influence of alcohol content of 0.109% without a vehicle driver’s license at a section of approximately 300 meters, 1-39 square meters in front of the Chang-dong Green Hospital located in Seocho-si, Seoul Special Metropolitan City, about May 27, 2017, in front of the same city.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a suspected victim, such as a violation of traffic laws on roads, and a statement of the situation of the driver who is placed in driving;
1. Inquiries about the results of crackdown on drinking driving;
1. Report on the situation of driving at home and report on the situation 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 (Attachment to the judgement, etc.);
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The punishment shall be determined by taking into account the circumstances under the grounds of sentencing under Article 62-2 of the Criminal Act, including the Defendant’s age, sex, environment, method and mode of committing a crime, and the circumstances before and after committing a crime, etc.
- Unlicensed driving of a large number of alcohol without a license, where the detention of the defendant is accompanied by excessive difficulties for his dependants, clearly reflects serious reflective and social ties, and social ties;