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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
[criminal power] On May 25, 2007, the defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on February 12, 2010, a fine of 2 million won for a violation of the Road Traffic Act (driving) at the same court on February 12, 2010, a fine of 4 million won for a violation of the Road Traffic Act (driving) at the same court on April 2, 2010, and a fine of 7 million won for a violation of the Road Traffic Act (driving) at the same court on May 22, 2013.
【Criminal Facts】
1. On February 25, 2014, the Defendant: (a) driven, around February 22, 2014, B low-water vehicle while under the influence of alcohol by 0.153% without obtaining a driver’s license in the section of about 4km from around 2067, to the roads adjacent to the Railroad Museum located in Suwon-si, 374-1, Suwon-si, Suwon-si; (b) around 374-1, Suwon-si; (c) the Defendant driven a low-water vehicle while under the influence of alcohol by 0.153%.
2. The Defendant, on July 13, 2014, driven a vehicle B, without obtaining a driver’s license, at approximately three km section from the front side of the opening site in the Hanam-dong, Hanam-gun, to the front side of the open site in the Hanam-gun, Hanam-gun, to the front side of the open site in the Yeeero-Gun, the Defendant driven a vehicle of approximately three kilometers from the front side of the open site in the Yero-Gun,
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Notification of the results of the drinking driving control, and lifts;
1. Registers of driver's licenses;
1. Control note;
1. Application of Acts and subordinate statutes to criminal records and investigation reports (suspect's previous record and report on confirmation);
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act; and
1. Articles 40 and 50 (the punishment imposed on the violation of the Road Traffic Act on February 25, 2014, the violation of the Road Traffic Act and the violation of the Road Traffic Act, and the punishment imposed on the violation of the Road Traffic Act, of which punishment is heavier);
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;