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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On November 7, 201, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving in drinking), etc. on the part of the Friwon Friju, and a summary order of KRW 4 million for a violation of the Road Traffic Act (driving in drinking), on September 14, 2017, on the part of Friju, the Defendant was issued a penalty of KRW 4 million for a violation of the Road Traffic Act (driving in drinking).
[Criminal facts] On March 30, 2018, the Defendant driven a Fpoter II cargo vehicle without obtaining a driver’s license from approximately 400 meters section from the front of the D Community Center in Ison-si, Leecheon-si to the front road in C, to approximately 00 meters in blood alcohol concentration of about 0.208%.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the circumstances of the driver at home, report on the situations of the driver at home and investigation report on the driver at home (report on the situations of the driver at home);
1. Inquiries about the results of crackdown on drinking driving and notification of the results of crackdown on drinking driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the previous history thereof) statute;
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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing under Article 62-2 of the Criminal Act include three times the records of punishment for drinking driving, and two times the records of punishment for driving without a license, in addition to the crime of this case, the risk of recidivism is high.
The alcohol concentration level measured at the time of crackdown is considerably high.
In addition, all other circumstances, such as the age, sex, environment, details of the crime and circumstances after the crime, etc., shall be considered together, and the punishment shall be determined as per the order.