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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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 20, 2007, the Defendant received a summary order of a fine of two million won or more due to a violation of road traffic law (drinking driving), and on July 22, 2008, by the same court, the Defendant received a summary order of two million won or more due to a violation of road traffic law (drinking driving).
On August 20, 2018, the Defendant driven a Cra vehicle with a alcohol level of about 0.10% while under the influence of alcohol level of about 300 meters from the front of the restaurant where it is difficult to know the trade name of Guri-si, Siri-si, Siri-si, to the front of the 61st day of the Dong-ro 61-ro, an identical city, without a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement of the circumstances of the driver involved in driving;
1. Report on the circumstances of driving under the liquor:
1. Inquiries about the results of crackdown on drinking driving;
1. Report on the circumstances of driving without a license;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the same type of force);
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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
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 one fine for driving under the influence of alcohol in 2007, two fines for driving under the influence of alcohol in 2008 and one fine for driving under the influence of alcohol in 2008, one time in 2009, one time in 209, one time in 2015, one time in 2015, one time in 2015, and one time in 2016, one time in the suspension of execution due to a non-licensed driving under the influence of alcohol.
Nevertheless, the defendant has repeatedly driven a license without drinking, and there is a high possibility of criticism and high risk of recidivism.
It is reasonable to take into account the circumstances in which alcohol concentration is high at the time and the driving of alcohol is made.