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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 three years from the date of the final judgment.
Reasons
Punishment of the crime
On March 3, 2010, the Defendant was sentenced to a suspended sentence of one year by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on March 3, 201, and on January 11, 2013, the Seoul East District Court issued a summary order of five million won by a fine for a violation of the Road Traffic Act (driving).
On April 30, 2013: (a) around 23:39, the Defendant driven a rocketing car (EF) under the influence of alcohol concentration of 0.070% without obtaining a driver’s license on the road prior to the Gangdong-gu Seoul Metropolitan Government 337-92, Gangdong-gu, and under the influence of alcohol concentration of blood alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Inquiry into the result of the crackdown on drinking driving;
1. Registers of driver's licenses;
1. Criminal records as judged: Application of criminal records, etc. and other 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. The punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment that causes any violation of the Road Traffic Act with heavier punishment shall be imposed);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. Despite the fact that the defendant was punished twice by a fine for the same type of crime and a suspended sentence once for the reason of sentencing under Article 62-2 of the Criminal Act, it is not good that the defendant committed each of the crimes of this case again;
However, the sentence shall be determined as ordered in consideration of various sentencing factors, such as the fact that the defendant supports his/her family, the fact that the defendant's mistake is recognized and reflected, and the age and occupation of the defendant.