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A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.
Reasons
Punishment of the crime
On December 17, 2009, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act in the Yeongdeungpo Branch of the Daegu District Court on December 17, 2009. On January 18, 2012, the Defendant was sentenced to a suspended sentence of 2 years for a period of 6 months for a violation of the Road Traffic Act in the Yeongdeungpo Branch of the Daegu District Court on January 18, 201.
On April 25, 2015, at around 19:50, the Defendant driven a c1 ton cargo vehicle under the influence of alcohol content of 0.270% while under the influence of alcohol without obtaining a driver’s license, from the entrance of the post-fluoral fluor of the sexual renals located in Ulsan-gun, Chungcheongnam-do, U.S. to the front of the 3km-gu fishery.
Summary of Evidence
1. Defendant's legal statement;
1. An inquiry report on driver's license, a report on detection of a drinking driver, inquiry into the results of the control of drinking driving, and a circumstantial report on a drinking driver;
1. Previous records: Application of inquiry reports and investigation reports (former records and attachment of judgment), such as criminal records, etc.;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of repeated driving at least three times), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning criminal facts;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to the punishment imposed on a violation of the Road Traffic Act heavier than that of the punishment, but choice of imprisonment);
1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act on the grounds that the blood alcohol concentration has been repeatedly driven while the blood alcohol concentration is high, the possibility of criticism against the accused is not clear, the distance of driving is not long, the crime is late after the crime is committed, and the defendant is divided
1. Probation and community service order under Article 62-2 of the Criminal Act;