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A defendant shall be punished by imprisonment for one year.
However, the execution of a sentence shall be suspended for three years from the date this judgment becomes final and conclusive.
(b) the defendant;
Reasons
Punishment of the crime
[criminal history] On December 28, 2010, the Defendant was issued a summary order of KRW 4 million due to a violation of road traffic law (drinking driving), etc. on November 16, 2015, the Defendant issued a summary order of KRW 2 million due to a violation of road traffic law (drinking driving) by the same court on November 16, 2015, and on March 25, 2016, the Defendant was issued a summary order of KRW 3 million by the same court on March 25, 2016, and was issued a summary order of KRW 3 million due to a violation of road traffic law (drank driving).
[Criminal facts] On April 19, 2017, the Defendant driven Cfurd motor vehicles at approximately 600 meters in the section of 300 meters from the front of the “Yang River,” which was under the influence of 0.084% in alcohol while under the influence of alcohol during blood, to the front of the “Yang River,” located in the same Ri, Sinnam-gun, Busan-gun, without obtaining a driver’s license for a motor vehicle on April 19, 2017
Accordingly, the Defendant, without a driver’s license, violated Article 44(1)(Prohibition of Driving under the influence of alcohol) of the Road Traffic Act not less than twice, and driven a motor vehicle under the influence of alcohol in violation of this provision.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the same type of criminal history) statute;
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. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Protection and observation, reasons for sentencing under Article 62-2 of the Criminal Act - Circumstances unfavorable to the community service order: Cumulativeities of the same crime - Circumstances favorable to the latter: confession of and reflect on the crime;