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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 December 14, 2018, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Daegu District Court on December 14, 2018, and was sentenced to a fine of KRW 6 million on February 1, 2013 by the Daegu District Court on February 1, 2013.
【Criminal Facts】
1. Around 22:30 on May 31, 2019, the Defendant driving a F Poter vehicle without obtaining a driver’s license in the section of about 5 km from the front of the C-Road located in Busan Metropolitan City B to the front of the “E” main road located in Busan Metropolitan City.
2. Although the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) not less than twice, the Defendant driven the said cargo without obtaining a driver’s license at the section of about 50 meters of alcohol level from the front of the “E” station located in Simsan-si D around May 31, 2019 to the front of the G Studio in Busan-si, and without obtaining a driver’s license at the speed of about 0.180% of alcohol level from the front of the “E” station in Simsan-si D around May 31, 2019.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. The circumstantial statement of the employee;
1. Registers of driver's licenses;
1. A report on investigation (re-verification of drinking water);
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and investigation reports;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 152 (1) and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing of Article 62-2 of the Criminal Act to order probation and lecture attendance.