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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
On April 29, 2016, the Defendant was notified of a summary order of a fine of KRW 3.5 million for a crime of violating the Road Traffic Act (drinking driving) in the Changwon District Court Branch, and on October 28, 2016, the Defendant was notified of a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the same court on October 28, 2016.
On June 17, 2017, around 16:17, the Defendant driven a Bcoon-line boom, while under the influence of alcohol content of about 0.114% without obtaining a driver’s license from the front side of the mutual infinite Mapo-si vibration, Changwon-si, Jin-si, Jinpo-si, to the front side of the bus stop stop for 2km-ri in the same face.
As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;
1. The driver's license ledger;
1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (former and attachment of the summary order);
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. The former sentence of Article 62-2 of the Criminal Act: Imprisonment with prison labor for a period of two years: One year/ suspended sentence; two years; and 40 hours during a course - Grounds for aggravation: A short period of time for a crime (same type of crime): confession, reflectivity, dependents, etc.;