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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 February 16, 2010, the Defendant was notified of a summary order of KRW 2,50,000 as a crime of violating the Road Traffic Act in the Chungcheong District Court's Chungcheong Branch. On December 17, 2013, the Defendant was notified of a summary order of KRW 4 million by the same court as a crime of violating the Road Traffic Act.
1. On August 1, 2014, at around 11:30 on August 1, 201, the Defendant driven a CTXG car without obtaining a driver’s license from around 30km from the front of the Central Police Station, Chungcheongnam-si Central Police Station, Chungcheongnam-si, Chungcheongnam-si, 12:00 on the same day to the front road of Seodong-dong, Seodong-dong, Seodong-dong, Dokdong-dong, Dokdong-do.
2. On August 1, 2014, at around 17:00, the Defendant driven the said Tro XG car without obtaining a driver’s license from around 17:05, from around 17:05 on the same day, to the front road of the entrance of the painting-ro Doro, Dolle, Doro-do, in approximately 2km-do, from around 17:05, while under the influence of alcohol content of approximately 0.151%.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, report on the state of drinking drivers, and the register of driver's licenses;
1. Previous records of judgment: The application of Acts and subordinate statutes to criminal records, inquiry reports on criminal records, previous records of disposition, reporting on results of confirmation, investigation reports (a copy of judgment, etc.);
1. Subparagraph 1 of Article 152, Article 43, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under a license without license) of each relevant Act;
1. Articles 40 and 50 of the Criminal Act (the crimes on board and the violation of the Road Traffic Act referred to in paragraph (2) and the violation of the Road Traffic Act) of the ordinary concurrent crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service, and lecture attendance order was that the Defendant had been punished several times for drinking driving, but also committed the principal offense, and the blood alcohol concentration is very high.