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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 23, 2009, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (driving) in an Ansan Branch of the Suwon District Court on April 23, 2009, a fine of two million won due to a violation of the Road Traffic Act (driving) in an Ansan Branch of the Suwon District Court on August 10, 201, and on June 3, 2011, in an Ansan Branch of the Suwon District Court, the Defendant was sentenced to a suspended sentence of six months for a period of six-month.
On June 11, 2013, the Defendant, without a driver’s license around 05:00, driven a motor vehicle car at the time of Ansan-si 540 U.S. Hasan-dong 540 U.S. Hasan-dong 586 U.S. Mau-dong, while under the influence of alcohol by 0.119% of the blood alcohol concentration.
As a result, the defendant was punished not less than twice due to drinking driving, driving of a motor vehicle under the influence of alcohol, and driving of a motor vehicle without a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Registers of driver's licenses;
1. Making a report on the control of drinking driving;
1. A previous conviction: An inquiry report, the ordinary records of disposition, and the application of Acts and subordinate statutes reporting the results of confirmation;
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;
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of sentence of alternative imprisonment;
4. Article 62 (1) of the Criminal Act (Consideration of sentencing)
5. The grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. include the confessions and reflects of the crime of this case, the fact that there is no sentence imposed due to the same kind of crime, and other factors such as drinking water, driving place, the age of the defendant.