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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 June 14, 2010, the Defendant was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) in the Cheongju District Court’s Chungcheong Branch, etc. on March 3, 201, a fine of KRW 5 million due to the same crime in the same court on March 3, 2011, and a fine of KRW 9 million due to the same crime in the same court on June 29, 2012, respectively.
On April 15, 2013, the Defendant, without obtaining a driver’s license at around 09:50 on April 15, 2013, driven B bodyman’s car at the section of approximately 140 meters up to the front road of the “Mane net large city,” located in the Chungcheong-si training-dong with a blood alcohol content of 0.118% under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. A written report filed with an employer;
1. The driver's license ledger;
1. Reference letters, investigative reports (Attachment of the same type of judgment and attachment of the same judgment), written judgments and summary order statutes;
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;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant again commits the instant crime even though he had a previous record of drunk driving, the risk of drunk driving and unlicensed driving, and the purpose of revision of the Road Traffic Act to strengthen the punishment for drunk driving: The defendant reflects the crime, and considering various circumstances that form the conditions for sentencing as shown in the records, such as the defendant's age, character and behavior, occupation, home environment, etc.