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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
On July 23, 2004, the Defendant was sentenced to a summary order of KRW 2.5 million for a violation of road traffic law (driving), etc. on February 9, 2006 by the same court, and a fine of KRW 2 million for the same crime, etc. on January 26, 201, the Defendant was sentenced to a suspended sentence of four months for a violation of road traffic law (driving), and on December 19, 201, the same court was issued a summary order of KRW 2 million for a violation of road traffic law (driving), and on May 27, 2016, with the same court issued a summary order of KRW 5 million for a fine of KRW 5 million for the same crime.
On October 2, 2016, the Defendant driven a BM520 vehicle under the influence of alcohol content of 0.150% while under the influence of alcohol without obtaining a driver’s license from approximately 500 meters to the road in front of the community service center located in the same Si/Sbuk-dong, from the road near Jinju-si around 02:10 on October 2, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on the driving of alcohol, report on the circumstances of the driver under the influence of alcohol, report on the situation of the driver under the influence of alcohol, inquiry into the results of crackdown on the driving of alcohol and
1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), investigation report (Attachment to a summary order, etc. of the same type of crime);
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. In light of the fact that the Defendant committed each of the instant crimes even though he was sentenced to a suspended sentence, despite the fact that the Defendant committed the instant crimes, and that the Defendant’s drinking value is considerable, the Defendant’s criminal liability is not easy in light of the reasons for sentencing under Article 62-2 of the Criminal Act, such as the provision of community service order and the order to attend lectures.
(b).