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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 June 15, 2010, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving), etc. at the Changwon District Court’s Tongwon District Court’s Tong branch on December 16, 2010, and sentenced to a fine of KRW 4 million for the same crime, etc. at the Jinwon District Court’s Jinwon Branch on December 16, 2010, and on March 18, 201, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (refluence) at the Changwon District Court’s Tong branch branch on March 18, 201.
On February 3, 2014, at around 21:40, the Defendant driven a C Poter freight vehicle without a car driver’s license in the state of alcohol alcohol concentration of approximately 0.220% from a section of approximately 150 meters to the front road of the “Korea Mopo-si” road located in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. A driver's license inquiry;
1. Criminal records, references to criminal records, investigation reports, and summary of evidence applicable to written judgments;
1. Defendant's legal statement;
1. Report on the results of crackdown on drinking driving and the detection of drinking drivers;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes to the details of inquiries about criminal records, etc. inquiry reports, and reports on detection of drinking materials;
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. 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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant has committed a crime in depth while recognizing his/her own offense);
1. Probation and order to provide community service and attend lectures, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;