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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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 21, 2014, the Defendant had the record of receiving a summary order of KRW 1.5 million from the Daejeon District Court on July 21, 201 to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving without a license) at the Seoul East District Court on July 1, 201, to a fine of KRW 300,000 due to a violation of the Road Traffic Act (driving without a license) at the Seoul East District Court on July 1, 201, and on April 29, 2011.
On June 6, 2016, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven a BEX car within approximately 500 meters from the Seo-gu, Seo-gu, Seo-gu, Seongbuk-gu, Seongbuk-gu to the roads prior to the same Dolle, while under the influence of alcohol by 0.214% of the blood alcohol concentration on June 6, 201.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. The user ledger of the measuring instruments for drinking;
1. Notification of the control of drinking driving;
1. The circumstantial statement of the employee;
1. Sovereign-related photographs;
1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the occupation of running a sound driving and the choice of imprisonment);
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order and lecture attendance order are disadvantageous to the recidivism despite the record of punishment for the same kind of crime for sentencing under Article 62-2 of the Criminal Act.
Considering that there is no record of punishment heavier than a fine, a probation shall be imposed, and conditions, such as probation, shall be imposed to prevent recidivism.