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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 three years from the date of the final judgment.
Reasons
Punishment of the crime
On September 3, 2014, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Ulsan District Court on September 3, 2014, and a fine of KRW 7 million with the same crime at the same court on May 27, 2015.
On August 3, 2016, the Defendant, while under the influence of alcohol 0.160% with a blood alcohol concentration around 23:40%, driven a B-ccoon car at the section of about 4km to the road located in the name village of Ulsan-gu, Ulsan-gu, Seoul-do, without obtaining a driver’s license.
Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on circumstantial statements of, and the register of driver's licenses of motor vehicles;
1. Before judgment: The application of criminal records and investigation reports (No. 11) and Acts and subordinate statutes;
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 Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same kind of crime, the risk of repeating the same type of crime, the risk of drinking alcohol, and the history of the punishment for the suspension of execution is 0.160%; Article 62 (1) of the Act on the Suspension of Execution (Article 62 of the Act on the Suspension of Execution). However, considering the fact that there is no record of the punishment heavier than the suspension of execution due to the same type of crime, or that there is no record
1. Probation and community service order under Article 62-2 of the Criminal Act;