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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
To the extent that the defendant's defense right is not disadvantaged, part of the facts charged was revised.
[criminal power] On May 24, 2013, the Defendant was sentenced to a suspended sentence of one year and six months for a violation of the Road Traffic Act, a special obstruction of performance of official duties, etc. In the same court on July 30, 2015, the Defendant issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on October 24, 2017 at the Seoul Northern District Court, a summary order of KRW 5 million for a violation of the Road Traffic Act was issued.
【Criminal Facts】
1. Around 22:52 on October 11, 2018, the Defendant driven the volume of BNS car owned by the Defendant in the section of 38 km to the point of approximately 345 km at the location of not more than 0.064 % of blood alcohol level in the middle-gu, Sungnam-gu, Sungnam-gu, Gwangju-gu, the other party at the location of 0.064% under the influence of alcohol level.
As a result, the defendant has violated the prohibition of drinking under the Road Traffic Act more than twice and has driven a motor vehicle under the influence of alcohol again.
2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license for a motor vehicle at the same time and place as paragraph (1) and driving the BNAS car owned by the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Each investigation report and each internal investigation report;
1. Reporting on detection of suspects in violation of the Road Traffic Act, reports on the state of state of a driver, and notification of the results of the regulation of drinking driving;
1. Application of the Acts and subordinate statutes governing the register of driver's licenses, chassis and mandatory insurance;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); Article 152 (1) and Article 43 of the Road Traffic Act;
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 of the Criminal Act: