Text
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
【Violation of the Traffic Act (Drinking in 2006): A fine of 1.5 million won for a violation of the Traffic Act (Drinking in 2007): A violation of the Road Traffic Act (Drinking in 2007): a fine of 1 million won (Drinking in 2014): the Defendant was under the influence of 0.054% of alcohol concentration in blood without a driver’s license, while under the influence of 0.054% of alcohol concentration in blood, and around May 20, 2017, a person who is on the 3:20-dong-dong from the 1.5km road to the front road of real estate was driving a BK5 vehicle at approximately 5km from the 5km road to the front road of real estate.
As a result, the Defendant violated the provision prohibiting driving of a motor vehicle without a driver’s license at least twice, and drives a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the result of crackdown on driving alcohol;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to inquire about criminal history;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, 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. Imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The former sentence of imprisonment with prison labor for the period of one year: Imprisonment with prison labor for the period of one year/ suspended sentence, two years of taking lectures, and 40 hours of community service and grounds for aggravation of 80 hours: Cumulative criminal records of the same kind (=three times before and after the judgment), confession, etc.;