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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 May 24, 2012, the Defendant received a summary order of KRW 2 million from the Incheon District Court to a fine of KRW 1,00,000 due to a violation of the Road Traffic Act (drinking driving), and on November 24, 2015, issued a summary order of KRW 5,00,00 as a fine of KRW 1,00 for the same crime.
On April 24, 2016, around 04:51 on April 24, 2016, the Defendant driven a B-learning car without a driver's license while under the influence of alcohol content of about 0.286% in a section of approximately 300 meters from the restaurant near the mountain apartment located in the north-west of Kimpo-si to the north-west of Kimpo-si to the road front of the north-west of Kimpo-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Written consent to blood gathering (List 5), the driver's license ledger (List 7), and response to requests for appraisal (List 8);
1. Photographs (list 6);
1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;
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. Imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The defendant's favorable circumstances (a confession, reflectivity, and driving distance is not visible) for the reasons of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend, and Article 59 of the Act on the Protection, etc. of and Order to Attend, and circumstances unfavorable to him (a confession, reflectivity, and driving distance is not visible despite the previous conviction of two times) and (b) the crime of drinking and non-licensed driving of this case is bad in the nature of crime by again engaging in the crime of drinking and non-licensed driving of this case, and it is probable to repeat the crime of the same or similar kind of crime unless the defendant'
The sentencing factors specified in this case, together with the Defendant’s age, sex, living environment, and circumstances after the commission of the crime, shall be determined as ordered by taking into account all of the sentencing factors specified in this case.