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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 two years from the date of the final judgment.
Reasons
Punishment of the crime
On May 25, 2007, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Busan District Court's Dong Branch, and on July 8, 2015, a summary order of KRW 3 million for the same crime at the Ulsan District Court's Busan District Court's Dong Branch.
On July 7, 2016, at around 00:40, the Defendant was under the influence of blood alcohol content of 0.134% without obtaining a driver’s license for a motor vehicle, and the Defendant was driving Cho-do at approximately KRW 500 meters from the Ulsan-gu Ban-dong market to the half-gu distance in the same Dong.
As a result, the defendant was sentenced to criminal punishment more than twice due to drinking driving, and again driven a motor vehicle.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the actual state of driving on a motor vehicle and the ledger of driver's licenses;
1. Before judgment: The application of criminal records and investigation reports (No. 11) and Acts and subordinate statutes;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same kind of crime, risk of repeating a crime, possibility of damage to human and material resources held by a drunk driving itself, and the level of drinking alcohol to 0.134%). However, although there has been no history of punishment for a crime of the same kind of crime, there has yet to be any history of punishment for a crime of the same kind of crime, or the defendant selects a suspended sentence instead of punishment, in consideration of the details of the crime, health status
1. Probation and community service order under Article 62-2 of the Criminal Act;