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A defendant shall be punished by imprisonment for one year.
However, the execution of a sentence shall be suspended for three years from the date this judgment becomes final and conclusive.
(b) the defendant;
Reasons
Punishment of the crime
[criminal history] On February 26, 2007, the Defendant was punished by a fine of two million won for a violation of the Road Traffic Act (drinking driving) at the Busan District Court on February 26, 2007. On January 17, 2018, the Defendant was indicted for a violation of the Road Traffic Act (drinking driving) at the Changwon District Court on March 17, 20
[2] On February 25, 2018, the Defendant was under the influence of alcohol of 0.128% in blood without a vehicle driver’s license on February 25, 2018, and driven B rocketing car from approximately 500 meters in the section of 500 meters in front of the Busan Special Funeral Site located in the city of Busan Special Metropolitan City to the road front of the hoho Lake-dong in the same Dong.
As a result, the Defendant violated the Road Traffic Act at least two times, driving a motor vehicle under the influence of alcohol, and driving a motor vehicle without a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the circumstances of the driver involved in the driving and a report on the detection of the driver involved in the driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;
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 under Article 62-2 of the Criminal Act, the observation of protection and community service order, and the repetition of the same crimes;