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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 December 10, 2010, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act at Seoul Southern District Court on December 10, 201, and on October 17, 2013, by a fine of KRW 7 million for a violation of the Road Traffic Act at Seoul Southern District Court on Seoul Southern District Court on October 17, 201, and is engaged in driving of B car.
On June 21, 2014, at around 23:15, the Defendant driven the above vehicle with approximately 50 meters volume from the Do located in Guro-gu Seoul Metropolitan Government Guro-dong to the 711st road of the Taegu-dong, Yeongdeungpo-gu, Seoul while under the influence of alcohol by 0.152% without a driver’s license.
After all, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of the driving of a motor vehicle;
1. Results of the crackdown on drinking driving;
1. Previous records: Application of criminal records, etc. 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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no record of punishment exceeding the fine for the same crime);
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;