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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] Violation of Road Traffic Act (Drinking in 2009): Violation of Road Traffic Act (Drinking in 201): a fine of KRW 3 million: Violation of Road Traffic Act (Drinking in 201): Suspension of indictment / [criminal charge] Defendant was under the influence of alcohol level 0.065% while under the influence of alcohol level 0.065% during blood, without a motor vehicle driver’s license on December 29, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the result of crackdown on driving alcohol;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to inquire about criminal history;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, 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. Imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The former sentence of imprisonment with prison labor for one year: Imprisonment with prison labor for one year/ suspended sentence, two years of protection observation, 40 hours attending a lecture, grounds for aggravation of community service hours by 120 hours: confession, family members (two minor children), physical disabilities, etc.;