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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] Violation of Road Traffic Act (Drinking in 2010): A fine of one million won for a violation of Road Traffic Act (Drinking in 2017): 2.5 million won for a violation of the Road Traffic Act (Drinking in 2017): the Defendant was under the influence of 0.090% in alcohol while under the influence of 0.090% in blood while under the influence of alcohol during blood without a driver's license; and on March 9, 2017, around 23:5, 2017, the Defendant driven B-Wing car at a section of approximately 100 meters in front of the office of a raw source located in the Chang-gu, Changwon-gu, Changwon-dong, from the front of the road to the front of
Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a driver's license in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the result of crackdown on driving alcohol;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to inquire about criminal history;
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. Imprisonment with prison labor chosen;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The former sentence of imprisonment with prison labor for one year: Imprisonment with prison labor for one year/ suspended execution; two years; 40 hours to attend a course; and grounds for aggravation of community service by 120 hours: A short term crime (=a short term crime committed before and after the judgment, one time a fine of the same kind) and other grounds for mitigation: Confession, etc.