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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 July 27, 2009, the Defendant was sentenced to a summary order of KRW 2,500,000 as a fine for a violation of the Road Traffic Act at the Jung-gu District Court on July 27, 2009, and on November 10, 2010, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act at the Jung-gu District Court on July 27, 201, and was sentenced to a suspended sentence of two or more times.
At around 10:30 on May 26, 2012, the Defendant, without a driver’s license, driven a Cknif vehicle at approximately 50 meters from the front side of the “maggral gral gral gral” road located in the Cheongyang-si, Namyang-si, a separate Cheongyang-si, to the front side of the same gral apartment.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of, and investigation into, a host driver;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (referring to attachment reports, including a copy of summary order);
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation Act, as well as Article 0.2(1) of the Defendant’s blood alcohol content is very high to 0.215%, and the Defendant was driving in a drinking state while making an internship while causing a traffic accident. In addition, the Defendant was subject to three times due to drinking or non-licensed driving (two times of drinking driving, drinking, and one time of driving without a license) or criminal punishment during the close range of time, and the Defendant was under three times of drinking or non-licensed driving (one time of driving without a license) at the time of committing the instant crime. The Defendant recognized and depth the instant crime.