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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 January 24, 2014, the Defendant was sentenced to a summary order of KRW 5 million due to a violation of road traffic law (drinking driving), etc. in the Youngcheon District Court’s monthly support, and on February 13, 2015, the Defendant was sentenced to a suspended sentence of two years in August.
[2] On April 30, 2018, the Defendant driven a C-learning car under the influence of alcohol level of about 0.182% during blood alcohol level without obtaining a driver’s license from around 17:30 to around 17:30 of the same day from the front day of the Haak-gun, Gangseo-gu, Gangseo-gu, Gangseo-gu, Seogwon-gun to the 137-55 Haakdong-ro 17:30 on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. On-site photographs;
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 a reply to inquiry, such as criminal history, a report on investigation (Attachment to the same criminal record and the judgment, etc.), three copies of a summary order, and one copy of a judgment;
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 suspended execution;
1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) favorable circumstances, such as the fact that the defendant recognized the crimes of this case and reflects the fact that the defendant had been punished for the same kind of crime; and (b) other unfavorable circumstances, such as the defendant’s age, sex, environment, motive and circumstance leading to the crime of this case, and the circumstances before and after the crime, etc., the punishment as ordered shall be determined by taking into account all the following factors: