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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 March 26, 2009, the Defendant was sentenced to a fine of KRW 10 million for a violation of the Road Traffic Act, etc. in a site site of Suwon District Court on March 26, 2009, and was issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Incheon District Court on September 6, 2012.
On July 2, 2013, at around 05:23, the Defendant driven B Eccoo vehicle under the influence of alcohol concentration of approximately 0.167% in a section of about 500 meters in front of it on the road located in the Yellow-si, Taecheon-si, without obtaining a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. Registers of driver's licenses;
1. A report on detection of a host driver;
1. Scenic photographs;
1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (report attached to judgments) Acts and subordinate statutes;
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) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 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 (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Act on the Punishment, etc. of Specific Crimes (Article 62 (1) of the Act on the Punishment, etc. of Specific Crimes) (Article 62 (1) of the same Act (Article 62 (1) of the Criminal Act on the grounds that the defendant has a criminal record of a crime of violation of the Road Traffic Act due to the drinking and driving without a license, and the
1. Probation and order to provide community service and attend lectures, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;