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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
[2014 Highest 313] On December 14, 2013, the Defendant driven a car of about 10 kilometers from 10 kilometers to d SM520 meters from the front side of the Suwon-si and the front side of the Suwon-si, Suwon-si, in a state of alcohol alcohol concentration of 0.124% without a car driver’s license.
[2014 Highest 3773] On April 10, 2013, the Defendant was issued a summary order of a fine of five million won by committing a violation of the Road Traffic Act (driving) at the Suwon District Court. On January 24, 2014, the Defendant was a person who has violated Article 44(1) of the Road Traffic Act on more than two occasions, such as indictment for the same offense (2014 Highest 313) at the same court.
On June 28, 2014, at around 22:25, the Defendant driven a DSS5 car under the influence of alcohol concentration of about 0.097% without obtaining a driver’s license from a section of about 500 meters in front of the building where it is impossible to identify the trade name located in the area of Suwon-si, Suwon-si, which is located in the same Gu from the front of the building where it is difficult to identify, to the front of the 205-ro 205, which is located in the same Gu.
Summary of Evidence
[2014 Highest 313]
1. Defendant's legal statement;
1. A report on the state of his/her oral statement from a host driver;
1. A driver's license inquiry letter [2014 Highest 3773];
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Registers of driver's licenses;
1. Previous for judgment: Application of Acts and subordinate statutes to criminal history records, inquiry reports, investigation reports (components such as summary orders, etc. of the same kind of case and confirmation reports during the proceedings of the first instance court);
1. Article 148-2 (2) 2, Article 44 (1) (the point of driving under the influence of alcohol as of December 14, 2013), Article 148-2 (1) 1, Article 44 (1) (the point of driving under the influence of alcohol as of June 28, 2014), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, respectively;
1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;
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. The suspended execution is punished in excess of the violation of Article 62(1) of the Criminal Act and the fine; and