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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
【The Defendant was sentenced to a fine of KRW 3 million on September 26, 2006 due to a violation of the Road Traffic Act (driving) at the Suwon Flag Flag, and was issued a summary order of KRW 3 million on July 14, 2014 with the same crime, etc.
【Defendant Appellant was a person who had been punished twice or more due to drinking driving, and driven a BNEW EF rocketing or other car without obtaining a driver’s license on March 18, 2017, in front of an apartment apartment in front of that apartment located in 99, the area of about 700 meters away from the section of about 0.113% of alcohol during blood until the road 655:3.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the circumstances of driving at home, and the driver's license register;
1. Previous convictions in judgment: Application of the Acts and subordinate statutes, such as a written inquiry about criminal history and text of judgment;
1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), and Article 152 (the point of driving without a license) and Article 43 (the point of driving without a license) of the relevant Act on the grounds of criminal facts;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);
1. Suspension of execution under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing) - the circumstances unfavorable to the reasons for sentencing - Defendant has the record of having been punished several times for the same kind of crime. From 2014 to 4 times, traffic crimes have been concentratedly committed. The favorable circumstances - Defendant recognized all the criminal facts. - There is no record of punishment exceeding the fine between the last 10 years. The sentence should be imposed as ordered in consideration of all the conditions of sentencing revealed in the course of the trial.