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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 a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 4, 2007, the Defendant was sentenced to a fine of three million won for a crime of violating road traffic laws at the Jung-gu District Court on January 4, 2007, and was sentenced to a fine of four million won for a crime of violating road traffic laws at the Jung-gu District Court on June 5, 2017.
On November 29, 2017, at around 22:50, the Defendant driven a B SP car at the section of about 3km from the alcohol house located in his/her own meltyang-dong to the intersection at the end of the Mandong in both weeks, while under the influence of alcohol content of 0.203% without a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Inquiries about the results of crackdown on drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. License register;
1. Previous conviction: Application of a written inquiry, a summary order, a text of judgment, and the relevant list of cases, such as criminal history;
1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;
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. The reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and attend lectures, have already been subject to criminal punishment by drinking or driving without a license.
Nevertheless, in addition, the alcohol level at the time was 0.203% of alcohol level.
It is inevitable to impose strict penalties.
However, in consideration of the fact that the accused is divided, and the age, sex, environment, attitude after the crime, etc. of the accused, the punishment as ordered shall be determined.