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A defendant shall be punished by imprisonment for a term of one year and two months.
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 June 10, 2010, the Defendant was issued a summary order of KRW 2.5 million for the crime of violating the Road Traffic Act, and a summary order of KRW 7 million for the same crime from the same support on December 4, 2015.
1. On April 19, 2020, the Defendant driven G Poter III cargo vehicle while under the influence of alcohol with approximately 0.140% of blood alcohol concentration 0% without obtaining a driver's license at the section of about 200 meters for the above B B B loan from the roads front of Seosan City B loan at around 17:00 on April 19, 202, via D and F stamp points in E.
As a result, the defendant driving a motor vehicle without a driver's license and violated the prohibition of drinking at the same time more than twice.
2. On May 14, 2020, the Defendant, on May 14, 2020, driven a G Poter III truck without obtaining a driving license from a section of about 500 meters from May 17, 2020 to H, Seosan-si, Seosan-si, at around 17:00.
Summary of Evidence
[Attachment 1]
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;
1. The register of driver's licenses (the second fact);
1. Defendant's legal statement;
1. Control note;
1. The register of driver's licenses (exclusive license);
1. A statement on criminal records, etc.;
1. Investigation reports (verification of the same kind of power), and application of summary order-related Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting a crime (a point of driving without obtaining a license);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Act include the defendant's same criminal records, the degree of driving, drinking and the circumstances and distance of driving without a license.