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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On November 14, 2006, the Defendant issued a summary order of KRW 2 million to a fine of KRW 1 million for a crime of violating road traffic laws at the Seoul Northern District Court (drinking driving) on November 14, 2006, and on April 17, 2013, the Incheon District Court issued a summary order of KRW 5 million for the same crime.
On June 7, 2017, at around 22:35, the Defendant driven B-car volume with approximately 100 meters alcohol concentration at approximately 0.252% while under the influence of alcohol at around 100 meters from the public parking lot located in the same Dong-si.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, even though the Defendant violated the prohibition of drinking at least twice.
2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven the B string car volume without a driver’s license at the location specified in paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of the driver's license in driving and the driver's license ledger;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
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 fact that the defendant has a criminal record of driving alcohol twice or a criminal record of refusing to measure drinking alcohol, or one time or more for the reason of sentencing under Article 62-2 of the Criminal Act: Provided, That the fact that he/she is against the law and that he/she has