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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 December 6, 2012, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the District Court of Jung-gu on December 6, 2012, and was sentenced to a fine of KRW 4 million in the same court on November 4, 2009.
On October 20, 2018, the Defendant driven B K3 cars under the influence of alcohol content of 0.112% without a vehicle driver’s license, from around 10km to around 822 in the same city from the front of the 321 modern apartment parking lot to the same city.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of alcohol and the driver's license register;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;
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. The accused has been punished for the same offense several times even before the reason for sentencing Article 62-2 of the Social Service Order Criminal Act.
Nevertheless, the alcohol concentration of the second blood was 0.112% 0.12%, and the second blood was driven under a license without permission, and the normal state could not easily cause the accident.
If there is a pedestrian, it is a big accident that leads to a human life accident.
In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal records, the punishment as ordered shall be determined.