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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On March 6, 2015, the Defendant was issued a summary order of KRW 4.5 million due to the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (licensed Driving) at the Seosan Branch of the Daejeon District Court.
【Criminal Facts】
On July 26, 2020, at around 15:39, the Defendant driven a Dpoter Ⅱ in the state of alcohol alcohol concentration of 0.110% without obtaining a driver’s license in the section of approximately 1km from the influent land to the influent road between C and C.
As a result, the defendant violated the prohibition of drinking driving more than twice, and at the same time, driving a motor vehicle without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of drinking control, and the register of driver's licenses;
1. Application of Acts and subordinate statutes to criminal records, reply reports, and investigation reports;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The sentence of the above order shall be determined by taking into account the defendant's same records of sentencing under Article 62-2 of the Criminal Act, the background of the crime of this case, the form of the act and the degree of the principal of the act, and other various sentencing conditions shown in the pleadings of this case