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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
[criminal power] On December 5, 201, the Defendant violated the prohibition of drinking driving by receiving a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court on December 5, 201, and by receiving a summary order of KRW 6 million for the same crime at the same court on November 29, 2013.
【Criminal Facts】
On September 21, 2018, at around 17:03, the Defendant driven a F-Pon vehicle under the influence of alcohol level of 0.20% without a driver’s license, from approximately 7km section from the front of the cafeteria “C” restaurant in Seosan City B to the front of the E elementary school bus stops in Seosan City, Seosan-si.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of the control of drinking and non-license;
1. Notification of the control of drinking driving;
1. A report on the statement of the status of the driver, and an investigation report (the report on the status of the driver);
1. The ledger of driver's licenses;
1. On-site photographs;
1. Previous records of judgment: Application of criminal history records, investigation reports (additional records, such as the suspect's previous records and copies of summary orders);
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;
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;
1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order is that the defendant had been punished for a violation of the Road Traffic Act due to drinking or unlicensed driving on seven occasions including suspended execution, but it again leads to the crime of this case, although the drinking water of this case is highly high, the crime of this case is not good, but it does not lead to a traffic accident, even though the defendant's failure to repeat it is against the defendant, and the criminal record of the suspended execution is due to unlicensed driving in 2006, and there is no criminal history exceeding the fine thereafter.