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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[criminal history] On September 23, 2015, the Defendant was sentenced to a fine of two million won as a crime of violating the Road Traffic Act (drinking) at the Suwon Flag Station on September 23, 2015, and three million won as a fine in the same court on January 27, 2016.
[2] On March 16, 2017, the Defendant had been punished twice on two occasions due to drinking, but was driving a BM5 car under the influence of alcohol without obtaining a driver’s license from the front of the YU to the same Dong-ro 154 in the area of approximately 2 km from the front of the YU to the Dong-ro 154 at the time of the movement of the wife population.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the circumstantial report on drivers of motor vehicles and the statutes governing the ledger of drivers' licenses;
1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Suspension of execution under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing) - A extenuating circumstances unfavorable to the reasons for sentencing - Defendant has the record of having been punished several times for the same kind of crime. The Defendant is concentrated on the same crime from 2015. The favorable circumstances - the Defendant recognizes all the criminal facts. - The Defendant has no record of having been sentenced to a fine exceeding the fine due to the same crime until now. - There are circumstances that may be considered in the alcohol concentration of the Defendant’s blood alcohol level. The sentence is ordered as per the disposition, taking into account all the conditions of sentencing revealed