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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 two years from the date of the final judgment.
Reasons
Punishment of the crime
On October 8, 2013, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million to a fine in the same court on December 9, 2015.
On September 8, 2016, the Defendant was a person with at least two times criminal power in violation of the Road Traffic Act (driving). On September 20, 2016, the Defendant driven BM5 car under the influence of alcohol with approximately 150 meters without obtaining a driver’s license in the section of about 150 meters from the roads in front of the Southern East-dong High School in Busan Metropolitan City to the roads in front of the Southern East-dong 597-1, Nam-dong, Seoul Metropolitan City, and drive BM5 car under the influence of alcohol with about 0.153% of alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of drinking control, and the register of driver's licenses;
1. Previous convictions in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (No. 15);
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;
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 same kind of crime, risk of repeating a crime, possibility of damage to human and material resources held by a drunk driving itself, and the drinking water level reaches 0.153%. However, the decision on the suspension of execution shall be made, taking into account the fact that there is no past record of punishment heavier than that of the same kind of crime, or the attitude of reflectivity, etc.,
1. Probation and community service order under Article 62-2 of the Criminal Act;