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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
[criminal history] On May 30, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the support of the Sugwon method, and on March 31, 2017, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) in the support of the Sugwon method, and on March 31, 2017.
[Criminal facts] On March 23, 2017, the Defendant driven a B-low-income vehicle under the influence of alcohol content of 0.076% while under the influence of alcohol without the driver’s license from about 3km section from the long distance of the Hocheon-si Hodong Ho-si Ho-si Ho-si Ho-si Ho-si to the front road of Yangcheon-si Gocheon-si Ho-do-si Ho-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (Attachment to summary orders);
1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;
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. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing under Article 62-2 of the Act on Orders to Provide community service and attend lectures - The defendant's mistake is recognized - Unfavorable circumstances: The defendant has a record of being punished for the same crime