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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 three years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
"2017 Highest 2069"
1. On April 5, 2010, the Defendant was sentenced by the Ulsan District Court to a fine of two million won for a violation of the Road Traffic Act (drinking driving), the same court on April 20, 2016, respectively, to a fine of two million won for a violation of the Road Traffic Act (dacting driving) and a violation of the Road Traffic Act (dacting driving).
On May 23, 2017, the Defendant was punished two times or more due to a violation of the Road Traffic Act (drinking), and driving the albb while under the influence of alcohol again, without obtaining a bicycle license with approximately 00m alcohol content of 0.177% from a section of about 100m to a chronic machine frontway located in Ulsan-gun, Ulsan-gun, U.S., U.S., Ulsan-gun, U.S., Ulsan-do, U.S., Ulsan-do, for a violation of the Road Traffic Act (drinking), and driving the albb while under the influence of alcohol.
"2017 Highest 2334"
2. On July 1, 2017, at the main point of “E” operated by the victim D in Ulsan-gu, Ulsan-gu, Seoul-gu, the Defendant expressed a desire to enter the victim while talking with the victim, who is demanded by the victim D to pay the drinking value, due to a large sound under the influence of alcohol, and obstructed the victim’s main business by force.
Summary of Evidence
1. The defendant's partial statement (a crime No. 1 is confession and criminal facts No. 2 is denied)
1. Statement made by the police against D;
1. Notification of the results of crackdown on the driving of alcohol, report on the circumstances of the driver placed in driving, response to requests for appraisal, report on detection of the driver placed in driving, ledger of driver's license, receipts, and photographs;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);
1. Driving under the relevant legal provision on criminal facts: The occupation of driving without a license under Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act on the grounds that Article 154 subparagraph 2 and 43 of the Road Traffic Act interfere with the operation of Article 314 (1) of the Criminal Act;
1. Between the crimes of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes and the crimes of violation of Road Traffic Act (non-licensed driving)