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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 28, 2014, the Defendant was sentenced to a fine of KRW 7 million in the same court on October 26, 2015 and was sentenced to a total of four times of imprisonment with prison labor for a violation of road traffic law (driving) at the Jeju District Court on May 28, 2014.
[2] On June 17, 2017, the Defendant driven a CM7 vehicle under the influence of alcohol leveling 0.090% without a driver’s license from around 5km apartment to around 4:0 in the same city from around 02:20 to around 4:20 in the same city.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. A report on the detection of a primary driver;
1. The driver's license ledger (A);
1. Relevant photographs;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), investigation report (Attachment A, such as a copy of the same military record as the suspect A), and statutes;
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 stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Article 62 (1) of the same Act);
1. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;