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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
On June 20, 2008, the Defendant issued a summary order of KRW 1.5 million on June 20, 201 to a fine of KRW 1.5 million by the Jeju District Court for a violation of the Road Traffic Act (drinking), and on November 4, 2010, the Defendant was sentenced to a fine of KRW 3 million by the same court on November 4, 2010.
Although the Defendant had had a power of driving under the influence of alcohol two or more times as above, on June 2, 2017, he once again driven the C Kanibol under the influence of alcohol content of approximately 0.166% in a distance of about 500 meters from the 500-meter section to the Suyang inspection station.
As a result, the Defendant, who had a drinking twice or more, driven a drinking again while under the influence of alcohol.
On August 17, 2017, the Defendant, “2017 Highest 2184, the Defendant, without obtaining a driver’s license for a motor vehicle around 14:00 on August 17, 2017, driving the CKan Corpon in the section of approximately 1km from the front day of the Chocheon-gu, Chocheon-gu, Jeju to the front day of the 757 Dong-dong-ro of the same city, to the front day of the Chocheon-gu, Agricultural District.
Summary of Evidence
"2017 Highest 1556"
1. Statement by the defendant in court;
1. A written appraisal of alcohol during blood;
1. A report on the detection of a primary driver;
1. Previous convictions: References to inquiries, such as criminal history, (A), investigation reports (former rulings) (2017 highest order 2184);
1. Statement by the defendant in court;
1. Data sheet of reasons for the determination of driver's license;
1. Application of Acts and subordinate statutes to the Motor Vehicle Driver's License Register (A);
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. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1.Article 62(1) of the Criminal Code of the Suspension of Execution (in the case of a violation, there are no criminal records of the same kind of suspended execution, and two cases are added by simple drinking or non-licensed driving.