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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Violation of the Traffic Act (Drinking in 2013): Violation of the Traffic Act (Drinking in 2017): a fine of KRW 1 million (Drinking in 2017): the Defendant was under the influence of alcohol level of KRW 0.182% in blood, while under the influence of alcohol level of KRW 0.182% in blood, on November 12, 2017, at around 01:35, the Defendant driven from approximately 4 km to the front road of the same Dondong-si in the same Dondong-si, Changwon-si, from around November 12, 2017 to the front road of the same Dondong-si.
Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a motor device bicycle license under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the result of crackdown on driving alcohol;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to inquire about criminal history;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 2 of Article 154, and Article 43 of the Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The former sentence of imprisonment with prison labor for one year: Imprisonment with prison labor for one year or suspended execution, two years or more, 40 hours or community service, or causes of aggravation of 80 hours in high blood: A high blood alcohol concentration, previous conviction, accumulated records of the same kind, absence of public trial, etc.: A confession, confession of the old and old age while in public trial, family members (one minor child, etc.);