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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
On February 15, 2008, the Defendant issued a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act at the Suwon District Court on February 15, 2008, and a summary order of KRW 4.5 million to a fine at the Seoul Central District Court on December 19, 2014, respectively.
1. Around 10:30 on July 23, 2015, the Defendant: (a) driven a BTB car without obtaining a driver’s license at a section of about 20 km from the front of the Han-dong Water Station at Yangbuk-si, Yangbuk-si to the entrance of the same city-dong and mountain village at the same time.
2. On August 14, 2015, the Defendant driven the said Tball-off car under the influence of alcohol level of 0.076% without obtaining a driver’s license from the front side of the racing seat in the Incheon-gun-gun-gun-si, Daejeon-si, to the front side of the same 200m section, from around 20:40 on August 14, 2015, while under the influence of alcohol level of 0.076%.
Summary of Evidence
1. Defendant's legal statement;
1. Each protocol concerning the examination of the suspect against the defendant;
1. The written statement of the defendant;
1. Reporting on detection of suspected victims of violation of the Road Traffic Act (non-license), the ledger of driver's licenses, each car car inquiry, reports on the occurrence of accidents against the Road Traffic Act (e.g., drinking and non-license), reports on the circumstantial statements of drivers, reports on detection of primary drivers, reports on the completion of correction, reports on the completion of investigation (Attachment to the ledger of driver's licenses);
1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of summary orders related to the history of sound driving) and application of each summary order Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trades of violation of the Road Traffic Act referred to in Article 2 at the time of displaying and of violation of the Road Traffic Act);
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Code among concurrent crimes.