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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 October 22, 2010, the Defendant issued a summary order of KRW 1 million with a fine of KRW 1 million at the Suwon District Court for a violation of the Road Traffic Act, and on August 17, 2011, a summary order of KRW 1.5 million with a fine of KRW 1.5 million with the same crime at the same court, and the above summary order became final and conclusive around each time.
On March 7, 2014, the Defendant, without obtaining a driver’s license at around 22:48, driving approximately 200 meters from the front 2001 Pulet, located in 194, according to the Madro-gu, Ansan-si, Asan-si, Asan-si, in the influence of alcohol content of 0.183%, to the front 200 meters from the front 2001 Puak-si, Asan-gu, 201.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into driver's license and the results of the control of drinking driving;
1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;
1. Selection of imprisonment;
1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the fact that there is no criminal record other than a fine for the accused and the fact that the accused is against him);
1. Probation and community service order under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation,