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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
On April 17, 2012, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Daegu District Court on April 17, 2012, and a summary order of KRW 2.5 million for a violation of the Road Traffic Act at the Daegu District Court on June 27, 2017, and was sentenced to a summary order of KRW 2.5 million for a violation of the Road Traffic Act.
On May 19, 2019, the Defendant, despite the history of violating the prohibition on drinking under the Road Traffic Act two or more times, driven a ES6 car without a driver’s license, in approximately 700 meters away from the front of the funeral hall near the Daegu Suwon-gu B hotel to the front road in the Daegu Suwon-gu D, Daegu-gu, without a driver’s license, while under the influence of alcohol level of about 0.126% from the 700m section to the front road in the Daegu Suwon-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. The actual condition survey report;
1. Registers of driver's licenses;
1. The circumstantial statement of the employee;
1. A statement on criminal records, etc.;
1. Investigation report (verification of the same kind of suspect's power), judgment, and application of summary order statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances in the grounds for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship
- The fact that there is a record of being punished twice for the violation of the Road Traffic Act(s)(s)(s) and once for the violation of the Road Traffic Act(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(