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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 May 27, 2011, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court. On February 22, 2016, the Defendant received a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court.
On July 7, 2017, around 22:35, the Defendant driven a B-hurd-purd-pured vehicle under the influence of alcohol content of 0.112% without obtaining a driver’s license from a distance of about 250 meters from the front of the 476 flow-distance, Bupyeong-gu, Incheon, Incheon, to the front of the 502 Maro-ro 502 Maro-ro.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. The driver's license ledger;
1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (former and confirm);
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. In order to comprehensively consider all the circumstances revealed in the instant case, such as the drinking volume of the instant case, the frequency of punishment for the same kind of crime, the number of times of punishment for the same kind of crime, the age of the Defendant, the sex, the environment, the background or motive leading to the crime, the circumstances leading to the crime, and the circumstances after the crime, etc. (the same type of crime (the same type of crime (driving and driving without a license) was committed even though there are many persons who have been punished for the same type of crime), the favorable circumstances (the driving distance shows a relatively short distance in the investigation process, etc.) and other circumstances, such as the circumstances revealed in the instant case.