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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 29, 2008, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Suwon Friwon method, and was sentenced to a fine of 1.5 million won on November 7, 2013 by the same court for the same crime, etc. and was sentenced to a suspended sentence of 1 year and 2 years.
On February 16, 2016, at around 23:45, the Defendant driven a 300-meter B wing and III cargo vehicle from the front day of the Suwon-gu Film House and the front day of the Hanwon-dong Movie House to the front day of the same Gu, while under the influence of alcohol by 0.122% of alcohol during blood without a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. A driver's license inquiry;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is against the defendant; the defendant's one-time suspended sentence and two-time sentenced to a fine due to drinking driving; and the defendant's age, sex, environment, etc. shall be taken into account the sentencing conditions under Article 51 of the Criminal Act;