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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
On June 15, 2016, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Northern District Court (drinking driving) and KRW 4 million for the same crime at the same court on September 20, 2017.
On August 22, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a motor vehicle with 50m hump from the old ri market in the Guri-si 0.085% of alcohol content in the blood, to the front road of the mobilization 50m-ro 61, in the same city, from the Guri-si mar market in the Guri-si city 0.085% of alcohol content in the blood.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Inquiry into the partnership of the main office;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (limited to such previous convictions);
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing Article 62-2 of the Criminal Code of the Order to Attend a lecture has a record of being punished for drinking driving even before the defendant was sentenced to punishment.
Nevertheless, the driver was driving under the influence of alcohol with 0.085% alcohol concentration in the second blood transfusion.
In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal records, the punishment as ordered shall be determined.