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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 November 26, 2008, the Defendant received a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act from the Cheongju District Court Support on November 26, 2008, and a summary order of KRW 700,000 for the same crime in the same court on November 5, 2008, respectively.
On April 1, 2014, at around 00:20, the Defendant driven a B liquid vehicle under the influence of alcohol concentration of 0.239%, without obtaining a driver’s license, from the front of the public playground in the volcanic Dong at Incheon-si to the lower end of the lower end of the lower end of the Hancheon-si.
Summary of Evidence
1. Defendant's legal statement;
1. The register of driver's licenses, report on the situation of driving on a driving on a motor vehicle, report on the request for appraisal, and report on detection of a driver;
1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (attached documents, such as judgment, etc.);
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 each sentence of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act include the records of having been sentenced to a fine twice due to drinking driving, and even though there was a record of having been punished for a suspended sentence due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the crime was committed, the blood alcohol concentration is very high, and the crime is very high in light of the fact that the defendant caused a very dangerous accident.
However, in addition to the above punishment records, the punishment shall be determined as ordered in consideration of the fact that there is no criminal record of the same kind, and all other conditions of sentencing.