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A defendant shall be punished by imprisonment for a term of one year and three months.
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 November 14, 2017, the Defendant was issued a summary order of KRW 2 million at the Jung-gu District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On July 24, 2020, the Defendant, at around 17:08, driven a Cone Star under the influence of alcohol concentration of about 0.128% from the front side of the Defendant’s house located in Suwon-si B to the long-distance path of the Suwon-dong Airport in Suwon-si, Suwon-si, the Defendant violated the Road Traffic Act (driving) not less than twice by driving the Cone Starex under the influence of alcohol concentration of not less than 0.128% without a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Notice of the results of the drinking driving control and a measuring record;
1. The register of driver's licenses and car cars registration statement;
1. Previous convictions indicated in the judgment: Criminal history records, repeated statements (A), results of confirmation before the disposition, and application of Acts and subordinate statutes of one copy of the summary order;
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. In full view of the circumstances under the grounds of sentencing under Article 62-2 of the Criminal Act and the defendant’s age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc., the sentence of the same sentence as the order shall be imposed.
Down - The defendant was punished for four times due to drunk driving and two times due to unlicensed driving but was sentenced to a fine, so he was also under the influence of driving and driving without a license without any reflection.
- The Defendant’s driver’s license was revoked on October 1, 2017, and the Defendant also knew the same, but committed the instant crime.
- From June 25, 2019, the penal provision for drinking driving was strengthened, and the defendant also made the media.