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A defendant shall be punished by imprisonment for one year.
However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
(b) the defendant;
Reasons
Punishment of the crime
[criminal history] On February 26, 2015, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) from the Changwon District Court’s Jinju branch on February 26, 2015, and on April 6, 2017, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) and a crime of violating the Road Traffic Act (drawing driving).
[Criminal facts] On June 21, 2017, the Defendant driven a D observer car with alcohol content of about 0.215% while under the influence of alcohol without a vehicle driver’s license at approximately 10 meters in front of the Hadong-dong, Hanam-gun, Hanam-gun, Hanam-do.
As a result, the defendant has already been punished for driving under drinking more than twice, but again he/she has been driving under drinking and driving without license.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and statement of the circumstances of the driver of drinking;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);
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. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act for observing protection and observation - Circumstances unfavorable to the person: Confession of a crime, reflectivity, or suspension of execution or any other heavier punishment;