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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 July 3, 2009, the Defendant was sentenced to a summary order of one million won for a crime of violating the Road Traffic Act at the Seoul Southern District Court on July 3, 2009, a fine of three million won for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on December 10, 2013, and a fine of three million won for a violation of the Road Traffic Act at the Seoul Central District Court on December 10, 201, respectively. On May 9, 2014, the Defendant was sentenced to a suspended sentence of two years for eight months for a violation of the Road Traffic Act.
On May 23, 2016, the Defendant driven B rocketing car under the influence of alcohol level of about 0.111% without obtaining a driver’s license from the front of the elel movable apartment apartment road in the Hancheon-si, Seocheon-si, Seocheon-si, Seoul, to the upper 419, Seocheon-si, Seocheon-si, the upper half-distance road.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement report on the circumstances of driving at home, register of driver's licenses, response to requests for appraisal, report on detection of drivers at home, investigation report (blood appraisal result);
1. On-site photographs;
1. Application of an inquiry letter, such as criminal history, an inquiry report (Attachment to the previous summary order, etc.) and statutes;
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. The reason for sentencing under Article 62-2 of the Criminal Act, including the protection and observation, and the provision of community service order, has a record of being punished several times, including the suspension of execution for the same crime, and it is necessary to strictly punish the defendant in that he/she again drives drinking or non-licensed driving after the expiration of the suspension period, even though he/she was sentenced to a fine by driving without a license during the suspension period.
However, the defendant reflects his mistake;