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A defendant shall be punished by imprisonment for two years.
except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[criminal power] On June 5, 2008, the Defendant was issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act in the Gwangju District Court's net support on December 10, 2008. On December 10, 2008, the Defendant was sentenced to imprisonment for 6 months and 2 years of suspension of execution for the crime of violation of the Road Traffic Act. On April 30, 2014, the Defendant was sentenced to a fine of KRW 4 million for the crime of violation of the Road Traffic Act in the Gwangju District Court's net support.
【Criminal Facts】
On November 8, 2019, at around 16:49, the Defendant driven D SL125S Oral under the influence of alcohol concentration of 0.122% without a motorcycle driver's license on the front road C in Mineyang-si B.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. Statement on the circumstantial statement of the employee;
1. Registers of driver's licenses;
1. Previous records: Criminal history records, etc., inquiry reports, summary orders, application of court rulings, and other statutes;
1. Article 148-2 (1) and Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 17371 of Jun. 9, 2020), Article 154 subparagraph 2 and Article 43 of the former Road Traffic Act (wholly amended by Act No. 16830 of Dec. 24, 2019) concerning the crime;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
1. Selection of a sentence of imprisonment with prison labor;
1. The grounds for sentencing under Article 62(1) of the Criminal Act, including the Defendant’s age, character and conduct, environment, criminal records (in particular, there are records of the suspension of the execution of imprisonment with prison labor for more than ten years, which have been subject to a fine on several occasions due to the same criminal conduct, and which has been subject to the suspension of the execution of imprisonment for more than ten years), the distance of drinking driving, and the circumstances after the crime, shall be determined as ordered