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1. The defendant shall be punished by imprisonment for one year;
2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
On August 23, 2012, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on August 23, 2012, and on July 18, 2017, the same court violated the prohibition of drinking by receiving a summary order of KRW 4 million for a crime of violating the Road Traffic Act.
On April 19, 2018, the Defendant, while under the influence of alcohol at around 0.168% in alcohol during blood transfusion, driven C truck in the section of about 700 meters in front of the road at the same time, 1 GS 1 GS 25, 690 Ro-ro, south-si, Namyang-si, Namyang-si, without obtaining a driver's license, at around 0.168% in alcohol level.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Report on the circumstances of driving without a license;
1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;
1. License register;
1. Previous convictions in judgment: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, and an investigation report (a copy of a summary order, etc.);
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. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Social Service and Order to Attend Courses is a convenient means of transportation. However, since it is a dangerous article that may be prone to dangerous weapons, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in normal conditions.
In particular, drinking driving is likely to lead to large accidents by driving in a state where the ability to exercise due diligence and physical exercise has been significantly deteriorated, and the risk is very likely to cause serious harm to unspecified persons.