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Defendant shall be punished by imprisonment for a term of two years and four months.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 7, 2011, the Defendant issued a summary order of KRW 2 million for a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Cheongju District Court on April 30, 201, a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Cheongju District Court on April 30, 201, and on August 25, 2017, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving) at the Cheongju District Court on August 25, 2017.
On October 1, 2019, at around 20:43, the Defendant driven a DNA car with approximately 50 meters wide from the front of the Jincheon-gun B to the front of the Jincheon-gun C, Jincheon-gun without a vehicle driver’s license, while under the influence of alcohol concentration of about 0.102%.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, report on the state of drinking drivers, and the register of driver's licenses;
1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act does not occur due to the crime in the instant case, and considering the fact that the defendant does not repeat
1. Article 62-2 (1) of the Criminal Act regarding community service order;