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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
On September 10, 2010, the Defendant issued, at the Suwon District Court, a summary order of a fine of two million won for a crime of violation of the Road Traffic Act, and on March 21, 2012, a summary order of five million won or more for the same crime, etc. at the same court, respectively. On September 11, 2013, the Defendant was sentenced to a suspended sentence of eight months for the same crime, etc. at the same court.
Although the Defendant had been punished twice or more due to drunk driving, on March 12, 2016, at around 02:20, the Defendant driven B TLXG car while under the influence of alcohol with approximately 150 meters alcohol concentration at approximately 0.188% without a driver’s license from the front side of the “Mannam-ro,” the right to instigate the right to drive at Suwon-gu, Suwon-si to the front side of the “GS25 convenience store” of approximately 978-11.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Registers of driver's licenses;
1. Records before judgment: Application of criminal records, etc. and 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 (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act shall apply to the cases where there are many previous and previous departments, and there
1. Probation and community service order under Article 62-2 of the Criminal Act;