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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
[criminal power] On September 15, 2006, the Defendant was sentenced to a summary order of a fine of four million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on September 15, 2006, and a summary order of a fine of four million won for a violation of the Road Traffic Act (driving on April 16, 2015) at the Ansan District Court's Ansan Branch on April 16, 2015, and was punished three times for a drunk driving.
【Criminal Facts】
On November 18, 2018, around 00:43, the Defendant driven a B low-speed car with a blood alcohol concentration of about 0.159% without obtaining a driver's license in a section of about 100 meters from the second parking lot for viewing water sources, which is located on 13 dypon-ro 235 dypon-ro, Suwon-si, Suwon-si, to the front day of viewing water sources, which are located on 241 dyp-ro 241.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a motor vehicle under the influence of alcohol;
1. Notification of the control of drinking driving;
1. Registers of driver's licenses;
1. Previous records of judgment: Application of investigation reports, criminal records, inquiry records, and other Acts and subordinate statutes;
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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act is deemed to have a history of driving under drinking at least three times, and the Defendant, whose driver’s license was revoked on May 12, 2015 due to drinking driving, is not less than that of the crime. In light of the fact that the amount of blood alcohol concentration due to drinking is not less than that of the crime, the instant drinking driving is deemed not to have a large degree of danger. The Defendant was punished for driving under the influence of drinking on April 2015, and the possibility of criticism is high in that he re-driving without the instant license or driving under the influence of drinking on April 2015.
However, the defendant recognizes the crime of this case.