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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 February 18, 2009, the Defendant was notified of a summary order of a fine of one million won for a violation of road traffic laws (drinking driving) at the Seog District Court Branch Branch of the Daegu District Court. On September 15, 2009, the Defendant was notified of a summary order of a fine of one million won for a violation of road traffic laws (drinking driving) at the Ulsan District Court on September 15, 2009. On January 10, 2014, the Defendant was notified of a summary order of a fine of seven million won for a violation of road traffic laws (drinking driving).
On June 30, 2017, at around 21:40, the Defendant driven a motor vehicle with a alcohol concentration of 0.254% under the influence of alcohol while under the influence of alcohol at approximately two meters in front of the D cafeteria in Changwon-si D Mapo-si C without obtaining a motor vehicle license.
Accordingly, the defendant, who has driven a motor vehicle not less than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (report attached to the previous convictions and the summary order);
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 stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has the same criminal records, and the fact that the degree of the taking is serious is disadvantageous.
Provided, That the punishment as ordered shall be determined in consideration of the fact that the defendant confessions and reflects the crime, the driving distance is short, the family members need support, and the details of the case, occupation, health status, etc. of the defendant.