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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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 6, 2007, the Defendant was sentenced to a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Cheongju District Court on July 18, 2008, and a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) at the Cheongju District Court on July 18, 2008. On June 15, 2010, the Defendant was sentenced to a suspended sentence of KRW 6 months by imprisonment for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Non-licensed Driving).
On April 11, 2015, at around 21:04, the Defendant driven a B Sti-type car with a blood alcohol content of 0.106% under the influence of alcohol without obtaining a driver’s license from approximately 1km section from the city of Cheongju-si to the city of Cheongju-si commercial road, from the street in the street near the home plug to the same Eup, and from the street in the street in the same Eup.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and the register of driver's licenses;
1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
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 (The following extenuating circumstances among the reasons for sentencing);
1. Probation and community service order Article 62-2 of the Criminal Act has a career of being punished for the crime of drunk driving or unlicensed driving on several occasions with the reason of sentencing, and in particular, even though there was a history of being sentenced to the two-year period of suspended sentence in 2009, even though they had been sentenced to the two-year period of suspended sentence in the previous six months, they repeat the drinking driving in the previous state without a license, but there was no history of being sentenced to criminal punishment for the crime of another type, which is not a traffic crime, after the judgment of suspended sentence was rendered.