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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
[criminal power] On October 5, 2018, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (refluence of the measurement) at the Suwon District Court on June 13, 2018, and the said judgment became final and conclusive on October 13, 2018, and is still under the suspension of execution, and on July 12, 2018, the Defendant was sentenced to a fine of 3.5 million won by the Suwon District Court on July 12, 2018, on three occasions more.
【Criminal Facts】
On January 12, 2020, the Defendant driven a DNA car under the influence of alcohol concentration of 0.105% from 10:03 without a car driver’s license, with approximately 58 km-ro 9 and from the front of the new residents’ self-governing center to the front of the restaurant located in the same Gu B, the Defendant driven a DNA car under the influence of alcohol concentration of 0.105%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and report on the control of drinking and driving, the ledger of driver licenses;
1. Previous convictions indicated in judgment: Criminal history records, reply reports (A), investigation reports-applicable Acts and subordinate statutes confirming the same type of power;
1. Relevant provisions of Article 148-2 (1), Article 44 (1) and (2) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant was punished by a fine for driving under the influence of alcohol in 2002, 2005, 2009, and 2018, and on October 5, 2018, the Defendant was sentenced to a suspension of the execution of six months on the ground of a violation of the Road Traffic Act (recognition refusal), which was sentenced to a suspension of the execution of two years on June, 2018, and was engaged in the same kind oflessless driving without the permission of the instant case during the suspension of the execution of the execution of the sentence without due knowledge.
In light of the fact that the defendant repeats the above crimes, it is judged that the defendant's compliance consciousness related to the above crimes was imminent, and this act as dangerous factors to the general public.
. The above.