Text
1. The defendant shall be punished by imprisonment for one year;
2. Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
On October 1, 2017, the Defendant driven B Poter-Ⅱ under the influence of alcohol content of 0.087% in alcohol while driving a motor vehicle without obtaining a driver’s license from the upper street of 1842, 31-2, high luminous Do-ro 1842, Gyeongyang-do-si, Namyang-si, Namyang-do-si, Chungcheongnam-do-si, and without obtaining a driver’s license from the upper street of 1842, 31-2, 300.
Summary of Evidence
1. Statement by the defendant in court;
1. License register;
1. Application of Acts and subordinate statutes to an investigation report, a statement on the situation of a driver driving at home, a report on the situation of a driver driving without a license, a report on 112 reported case handling table, an investigation report (in the second place), an investigation report (in the second place), and an inquiry about the results of regulating
1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment provided for in a crime of violating the Road Traffic Act which has heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Criminal Act, Article 62-2(1) of the community service and order to attend lectures, and Article 59 of the Act on the Protection, Observation, etc. is committed on October 1, 2017. However, although the defendant committed the crime of this case on October 1, 2017, the defendant recognized all of the crimes of this case against his or her blood alcohol content, he or she had the record of being punished five times due to drinking and two times due to his or her non-licensed driving, and among them, he or she has the record of being punished by imprisonment for the year 2003. In particular, the defendant committed the crime of this case on October 1, 2017, which was before the above summary order was issued, without being aware of the fact that he or she committed the crime of this case, and there was no record of the crime of this case that the defendant was sentenced to a fine in excess of the recent 10 years.