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Defendant shall be punished by imprisonment for a term of one year and eight months.
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
1. On September 4, 2019, the Defendant was issued a summary order of a fine of eight million won at the Busan District Court for a violation of the Road Traffic Act and was punished once or more for a violation of the Road Traffic Act.
Nevertheless, at around 22:56 on October 29, 2019, the Defendant driven a DMW car while under the influence of alcohol concentration of about 0.107% from approximately 2km to the roads located in Gangseo-gu Busan Metropolitan City from the date on which it was located in Seocho-gu, Changwon-si to the roads located in Gangseo-gu, Busan Metropolitan City.
2. The Defendant driven a car without obtaining a driver’s license at the same date, time, and place as described in paragraph 1, as described in paragraph 1.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Registers of driver's licenses and disqualified meetings of the main office;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);
1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures does not reflect immediately after the defendant was sentenced to a fine due to drunk driving, and the fact that the distance of the defendant driven is considerable is that the defendant is disadvantageous to the defendant.
The defendant got contact with women's her mother-gu and forced to commit a criminal act.
Despite the request of the court to present materials to support this argument.