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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On December 26, 2011, the Defendant issued a summary order of KRW 1,00,000 as a fine for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 2,50,000 as a fine for the same crime in the same court on December 3, 2012, and a summary order of KRW 8 million as a fine for the same crime in the same court on December 16, 2015, respectively.
Although the Defendant had been punished twice or more due to drinking driving as above, on November 19, 2016, at around 04:53, the part of approximately 8 km from the front of a cafeteria in the trade name in the south of the lux, to the front of a mix in the same Gu-ro 22 Mu apartment, the Defendant driven a B-do motor vehicle under the influence of alcohol concentration of about 0.076% under the influence of alcohol without a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Arrest report of the occurrence of the case, inquiry of the results of crackdown on drinking driving, statement of the circumstances of driving at drinking, and the register of driver's licenses;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of Acts and subordinate statutes on investigation reporting (a copy of summary order);
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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has been punished for the same kind of crime over several times in the past, and the sentencing conditions revealed in the process of the public trial as ordered.