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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 power] On August 7, 2013, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act at the Gwangju District Court on August 7, 2013, and was sentenced to a fine of five million won for the same crime in the same court on January 7, 2014, and thus violated the prohibition of driving under the influence of alcohol at least twice.
[2014 Highest 1824] On March 8, 2014, the Defendant driven a DSS5 vehicle at a section of about 500 meters from the Gandong District of Gwangju, without obtaining a driver’s license in the state of alcohol alcohol concentration of 0.207%, from the Gandong District of Gwangju to the front road of gold wave in the same Gu.
[2014 Highest 2161] On May 1, 2014, the Defendant, without obtaining a driver’s license on May 1, 2014, driven a D car from the section of Section 100 to the section of Section 100 of Section 2 of Section 100, where the Defendant was under the influence of alcohol at 0.060% in blood alcohol concentration.
Summary of Evidence
[2014 Highest 1824]
1. Defendant's legal statement;
1. Detailed statement of the circumstances of the driver, the statement of the circumstances of the driver, and the register of driver's licenses of the driver; and
1. Defendant's legal statement;
1. Entry into the circumstantial report of a drinking driver, a circumstantial statement of a drinking driver, and the register of driver's licenses (previous record on market); and
1. Application of each Act or subordinate statute of the Criminal Records, etc. inquiry report (A), investigation report (the indictment of the same kind of crime, summary order, etc. attached thereto);
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen to be sentenced (the fact that drinking is conducted several times during the short term and the fact that drinking is high);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. There is no record other than the fine of Article 62(1) of the Criminal Act, and this shall apply;