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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 November 16, 2009, the defendant received a summary order of one million won or more as a fine for a violation of the Road Traffic Act from the Jung-gu District Court on November 16, 2009, and a summary order of 1.5 million won or more as a fine for a violation of the Road Traffic Act at the Jung-gu District Court on October 21, 2010.
Criminal facts
On August 30, 2013, at around 21:26, the Defendant driven B rocketing car under the influence of alcohol by 0.139% without obtaining a driver’s license from a section of about 400 meters from the fest 400m radius to the prescribed third-distance road located in the same Myeongwon-gun, Chungcheongnamcheon-gun.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. A driver's license inquiry;
1. Making a report on the control of drinking driving;
1. Report on the situation of running a motor vehicle under the influence of alcohol;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;
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 ordinary concurrent crimes (a punishment imposed on the crimes of drinking alcohol and the crimes of unlicensed driving, and the crimes of heavy drinking alcohol driving)
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;