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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 16, 2012, the Defendant was sentenced to a suspended sentence of two years for a year for a violation of the Road Traffic Act, etc. in the support of the Daejeon District Court on May 16, 201, and on November 7, 2011, the Defendant was sentenced to a summary order of KRW 7 million for a violation of the Road Traffic Act, etc., and the same criminal records are more than three times.
On August 31, 2016, at around 21:25, the Defendant driven a DNA car without a driver’s license, from around 150 meters away from the front day of the Abrying Doro, Seo-gu, Seo-gu, Seocheon-si to the front day of the 150-year comprehensive road located in the 448 Seo-gu, Seo-gu, Seo-gu, Seocheon-si, in which it is impossible to identify the trade name in the Tran-dong of the Seo-gu, Seo-gu, Seocheon-gu.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. A report on detection of an alcoholic beverage driver;
1. The user ledger of the measuring instruments for drinking;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports;
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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. It is unfavorable that the person committed a second offense despite the record of punishment for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, such as probation, lecture attendance order or community service order.
It appears that the driver will not repeat the vehicle and will not repeat the vehicle.
These circumstances are taken into account.