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A defendant shall be punished by imprisonment for not less than eight 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
【The Defendant issued a summary order of KRW 1.5 million at the Incheon District Court on September 28, 2006 to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act; on June 5, 2007, the same court issued a summary order of KRW 2 million for the same crime; on January 11, 2012, the same court issued a summary order of KRW 1.5 million for the same crime; on July 9, 2012, the same court issued a summary order of KRW 5 million for the same crime; and on June 26, 2014, the same court was sentenced to a suspended sentence of KRW 5 million for the same crime.
【Criminal Facts】 On June 2, 2019, the Defendant driven C1 ton cargo vehicles from the Incheon-gun Parking Lot to the above B at approximately 200 meters, without obtaining a driver’s license, at around 13:45 on June 2, 2019.
Accordingly, although the defendant had been punished more than twice due to the violation of the Road Traffic Act, he has driven a vehicle while under the influence of alcohol without a driver's license of a vehicle again.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of drinking control, and the register of driver's licenses;
1. Previous records: Application of criminal records and investigation reports (applicable to decisions related to the same kind of criminal records and attachment of summary orders);
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the previous crime was committed before about five years, the fact that the previous crime was committed without driving under drinking again, and the fact that the vehicle is scrapped);
1. Probation and community service order under Article 62-2 of the Criminal Act;