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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
[criminal power] On February 15, 2008, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Busan District Court's Branch on February 15, 2008, a fine of four million won for a violation of the Road Traffic Act (driving) from October 1, 2008 to the same support on October 1, 2008, and a fine of eight months for a violation of the Road Traffic Act (driving) at the Seoul Western District Court's Seoul Western District Court on April 30, 2009 and two years for a suspended sentence.
【Criminal Facts】
On June 22, 2014, at around 20:50, the Defendant: (a) drive B vehicles under the influence of alcohol concentration of 0.097% without obtaining a driver’s license in a section of approximately 200 meters from the street of 16-5 to the northwest of the Jung-gu Incheon Coast, Jung-gu, Incheon to the northwest of the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Registers of driver's licenses;
1. A previous conviction in holding: A certified copy of the summary order (2008 high-class 2160), a certified copy of the summary order (2008 high-class 14480), a certified copy of the judgment (2009 high-class 316), and the application of statutes
1. Article 152 subparagraph 1 of Article 152, Articles 43, 148-2 (1) 1 and 44 (1) of the Road Traffic Act applicable to the crime;
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;
1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant had been punished five times due to the act of drunk driving and unlicensed driving, etc., but the nature of the crime in this case is not weak in light of the fact that the defendant recognized and reflected the crime, there was no record of punishment for the same crime for the last five years, and there was no record of punishment for the same crime, and other various sentencing conditions such as the defendant's age, character and behavior, environment, and circumstances after the crime shall be