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A defendant shall be punished by imprisonment for a term of one year and two months.
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
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1. On July 6, 2015, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Chuncheon District Court on July 6, 2015.
【Criminal Facts】
At around 00:40 on January 30, 2020, the Defendant driven a F rocketing car in the volume section of about 20 meters from C restaurants in Chuncheon City to E shooting distance in D, while under the influence of alcohol of 0.063% of blood alcohol level.
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2. Any person who violates the Music Industry Promotion Act shall have facilities for singing practice room business and register with the Special Self-Governing City Mayor or the head of Si/Gun/Gu.
Nevertheless, from March 15, 2018 to December 2, 2019, the Defendant had a singing practice room business with eight singing practice room facilities, such as installing eight singing practice room facilities, without being registered with the Chuncheon City Mayor, in the “Hcoin Museum Museum,” which is located on the second floor of the G building in Chuncheon City, from March 15, 2018 to December 2, 2019.
Summary of Evidence
The fact of No. 1 at the time of sale
1. Defendant's legal statement;
1. The fact of paragraph (2) at the time of making a inquiry of the circumstances of driving under the influence of alcohol, the report on the circumstances of driving under the influence of alcohol drivers, and the result of regulating drinking;
1. Partial statement of the defendant;
1. A protocol of partial police interrogation of the accused;
1. Business registration certificate for H Zine Museum and certificate of report;
1. Application of Acts and subordinate statutes to a report on inquiry, such as criminal records, before and after the time of displaying a photograph of H Zineine and interior and outside of the community, and to report the aesthetic records and results of confirmation;
1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1), 44 (1) of the Road Traffic Act (a point of sound driving), Articles 34 (3) 1, and 18 (1) of the Music Industry Promotion Act (a point of running a singing practice room business without registration), and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Order to attend lectures under the Criminal Act;