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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
Criminal facts
On June 4, 2012, the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) in the Changwon District Court’s Tong-gu branch on June 4, 2012.
Criminal facts
1. On May 8, 2012, the Defendant, at around 22:15 on May 8, 2012, 2012, driven C-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-
2. On June 25, 2012, the Defendant, as well as the violation of the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license), driven a C-A-hurd vehicle under the influence of alcohol 0.141% without a vehicle driver’s license, in a section of about 1km from the road near a stable mine-sturging in the light drawing at the time of driving on June 25, 2012 to the road front of the same side, where the Defendant violated Article 44(1) of the Road Traffic Act on at least two occasions, such as the criminal history and paragraph (1) of this Article.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. The circumstantial statements of each host driver and the report on detection thereof;
1. Inquiry into the result of the crackdown on drinking driving;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses and details of revocation;
1. Article 148-2 (2) 3, Article 44 (1) (the point of driving under the influence of alcohol), Article 148-2 (1) 1, Article 44 (1) (the point of driving under the influence of alcohol under the provision of paragraph (2)), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act (the punishment prescribed for a violation of the Road Traffic Act with heavier punishment between crimes referred to in each subparagraph of paragraph (2) and the punishment among such crimes);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The sentencing of Article 62-2 of the Criminal Act includes the defendant's blood alcohol concentration, the details and distance of driving, the records punished for the same kind of crime, and the recidivism during the investigation.