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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On November 19, 2009, the Defendant violated the prohibition of drinking by receiving a summary order of KRW 1,50,000 as a fine for a crime of violating the Road Traffic Act at the Busan District Court on November 19, 200, and a fine of KRW 2 million as a crime of violating the Road Traffic Act at the Changwon District Court on January 29, 2016.
[2] On April 21, 2016, the Defendant driven a Brenic car under the influence of alcohol concentration of about 500 meters during blood without a driver’s license, from the road front of the “Egrari-gu, Seoul Special Metropolitan City, which is located in the 21-1, the Seoul Special Metropolitan City (Seoul Special Metropolitan City), to the road front of the “Egrari-ro,” which is located in the 21-1, the Gu Special Metropolitan City (Seoul Special Metropolitan City), to the road front of the “Egra-ro,” located in the 22-ro, the same Gu Special Metropolitan City
Summary of Evidence
1. Part concerning the defendant's legal statement in the first trial record;
1. Statement report on the circumstances of the driver's license at home, report on the detection of the driver at home, ledger of driver's license at home, and inquiry into the vehicle register;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);
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. The reason for sentencing under Article 62(1) of the Criminal Act was that the Defendant had been punished for the same kind of crime, and even if having had the record of committing the same crime, the Defendant again prevented the crime, and the communication between the trials was interrupted.
However, the criminal records of the defendant are all fines.
The defendant has no record of being punished in excess of a fine after 1988.
The defendant is driving a brue after drinking the preceding day, and there are some circumstances to consider the background of the crime.
The blood alcohol concentration is relatively low.
In addition, the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in pleadings, such as the age, sex, environment, and circumstances after the crime.