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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 August 16, 2012, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act in the Chuncheon District Court on August 16, 2012. On March 17, 2016, the Defendant was sentenced to a fine of four million won for a crime of violating the Road Traffic Act.
On May 5, 2017, the Defendant driven a CFD car under the influence of alcohol concentration of about 0.087% in blood without a driver’s license at approximately 1km from the front of the Chuncheon Sincheon-si Library located in the ancient Sincheon-si, Chuncheon-si, to the entrance of the bonded apartment in the way of Chuncheon-si sports riding.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the circumstances of a driver driving a driving driving, inquiry into the results of regulating drinking driving, report on the circumstances of driving a driver without a license, and the register of driver's licenses (A);
1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, report on investigation (A), and Acts and subordinate statutes of the same kind;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;
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 stay of execution (Article 62(1) of the Criminal Act on the following factors:
1. The reason for sentencing of Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and the order to attend a lecture, has reached three times the criminal history of punishment due to drinking driving, and the result of serious injury has resulted in the suspension of the execution of imprisonment, thereby committing the instant crime again despite the fact that the Defendant had been punished for the suspension of the execution of imprisonment, and the fact that the Defendant had the record of punishment due to driving without
However, the fact that the defendant seems to have recognized and reflected the crime of this case, the crime of this case is limited to simple drinking and non-licenseless driving, and there is no more serious result, and the defendant is again a law.