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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On December 26, 2012, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the Youngju District Court's Youngdong Branch's Youngju Branch's Youngju Branch's Youngju Branch's Youngju Branch's territorial jurisdiction over the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) and the violation of the Road Traffic Act (Dangerous Driving). The judgment became final and conclusive on January 3, 2013. On June 27, 2008, the Defendant was sentenced to a fine of KRW 1 million from the Youngju District Court's Youngju Branch's territorial jurisdiction on April 2, 2009.
【Criminal Facts】
1. Around 00:30 on October 15, 2014, the Defendant driven a COtoba under the influence of alcohol level of about 0.126% in the section of about 5km from the front day of modern human resources in the Singu-dong, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do to the southwest of the same military use, and up to the southwest road of the Songcheon-do, the Defendant driven a COba under the influence of alcohol level of about 0.126%.
Accordingly, the defendant, who had driven a drinkingly twice or more, driven a motor vehicle under the influence of alcohol again.
2. The Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a motorcycle driver's license at the time and place specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. The circumstantial statement of the employee;
1. Registers of driver's licenses;
1. Previous records: References to criminal records and the application of a copy of each written judgment;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving sound), subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order Article 62-2 of the Criminal Act has a large number of criminal offenses against the accused for sentencing, and in particular four times.