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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 14, 2012, the Defendant received a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking) from the support for the development of a water source method, and on March 14, 2014, the summary order of a fine of five million won for the same crime was issued from the support for the development of a water source method, and on March 14, 2014.
Criminal facts
1. On December 11, 2015, the Defendant, in violation of the Road Traffic Act (unlicensed Driving) driven a vehicle of 20 km away from the IC on the road near the Magyeong-dong, Seogyeong-gu, Seogyeong-si, Sungnam-si, to the road near the IC in Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si.
2. The Defendant violated the Road Traffic Act (drinking driving) on the road from the roads near the “grasium” in the city of Ansan-si to the roads near the above ICT to the roads near the city of Ansan-si during the day of the day set forth in paragraph 1, the Defendant driven the said Aburged vehicle under the influence of alcohol content of 0.207% while under the influence of alcohol during blood.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries into the ledger of driver's licenses and the results of regulating drinking driving;
1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the latest records of the suspect);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
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. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing under Article 62-2 of the Act on Orders to Provide community service and attend lectures - The defendant recognized his/her mistake and reflects his/her reflects on the unfavorable circumstances: The defendant has a history of being punished for drinking driving in 2012 and 2014, and the alcohol concentration in blood is relatively high;