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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 of the final judgment.
Reasons
Punishment of the crime
On October 12, 2015, the Defendant received a summary order of KRW 1.5 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act on June 29, 2016.
On October 3, 2016, at around 02:10, the Defendant driven a B rocketing car without obtaining a driver’s license in the state of alcohol alcohol concentration of 0.127% from the front road of the “Ombage farm” located in 40, Nam-gu, Ulsan-ro, Busan-ro, to the front road of the “Trevi” located in 46, Samsan-ro, Samsan-ro. 46.
Accordingly, the defendant, who had the power of violating the Road Traffic Act at least twice, was driving the above vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the drinking control, and the register of driver's licenses;
1. Previous convictions in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (No. 7);
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same kind of crime, the risk of repeating a crime, possibility of damage to human resources and material resources held by a drunk driving itself, and the level of drinking alcohol to 0.127%, etc.); however, the probation shall be selected in consideration of the fact that there is no record of punishment heavier than that of the suspension of execution due to the same kind of crime, or the degree of reflect attitude, etc.
1. Probation and community service order under Article 62-2 of the Criminal Act;