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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On May 11, 2017, the Defendant was issued a summary order of a fine of one million won for a crime of violating road traffic law (drinking driving) at the Sungnam support center, which is a person who has been under the same record as the same crime around July 16, 2017.
[Criminal facts] On September 15, 2017, the Defendant, without obtaining a driver’s license on a vehicle at around 02:30, driving a BA-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of Article 44(1).
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the same criminal records and confirmation of the criminal suspect), report on the results of previous convictions and confirmation of the previous convictions;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act provides that the majority of the criminal records of non-licenseed or drinking driving, which does not impose any penalty heavier than a fine, has no record of punishment,
1. An order to attend a course under Article 62-2 of the Criminal Act;