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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[M] On December 23, 2009, the Defendant received a summary order of KRW 10 million from the Daejeon District Court of Incheon to a fine of KRW 3 million due to a violation of the Road Traffic Act (dacting driving), as a crime of violation of the Road Traffic Act (dacting driving), on July 17, 2013, a fine of KRW 5 million due to a violation of the Road Traffic Act (dacting driving), and on September 22, 2014, from the Daejeon District Court of the Daejeon District Court of the Daejeon District, to a fine of KRW 10 million due to a violation of the Road Traffic Act (dacting driving).
[2] On July 22, 2017, the Defendant driven the 4th apartment street in front of the fourth apartment road in the West-gu, Seoan-gu, Seoan-gu, Seocheon-gu, Seoul, with a alcohol level of 0.145%, without obtaining a driver’s license for a motor vehicle on July 22, 2017, and at the same time, the Defendant driven a 500-meter Bonesch Rexroth car in front of the said 68-16 main apartment street in front of the said 68-16.
Summary of Evidence
[Criminal facts]
1. Statement by the defendant in court;
1. Report on the control of drinking drivers, report on the circumstances of drinking drivers, investigation report (report on the situation of drinking drivers), and report on the results of crackdown on drinking driving;
1. On-site photographs;
1. The ledger of driver's licenses of motor vehicles (electric power violating Article 44 (1) of the Road Traffic Act not less than twice);
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
1. Article 148-2 (1) 1, 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 suspended execution;
1. Taking into account the grounds for sentencing under Article 62-2 of the Criminal Act, the circumstances leading up to and developments leading up to the driving of alcohol, the Defendant’s enforcement process, the Defendant’s previous convictions three times, the fourth drinking driving, and the Defendant has no record of criminal punishment except for the criminal records stated therein.