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A defendant shall be punished by imprisonment for a term of one year and two 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 January 30, 2009, the Defendant was issued a summary order of KRW 3 million by the Daegu District Court for the crime of violation of the Road Traffic Act, and KRW 5 million by the same court on December 26, 2014, respectively.
【Criminal Facts】
On July 23, 2020, at around 13:54, the Defendant, at around 2km from the front of the house in the name in the vicinity of the Cheongdo-gun B market, Cheongdo-gun, Cheongdo-gun, to the D parking lot located in C, without obtaining a driver’s license, driven the e-bed cargo at the beginning of a newter under the influence of alcohol level of about 0.243% without obtaining a driver’s license.
As a result, the defendant driving a motor vehicle without obtaining a driver's license, and violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Registers of driver's licenses, reports on circumstantial statements of drivers, investigation reports, and notification of the results of crackdown on drinking driving;
1. Previous convictions indicated in judgment: Criminal records, investigation reports (former and previous confirmation), and application of Acts and subordinate statutes of two copies of summary order;
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the same Act concerning the 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 reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service - The drinking alcohol level was 0.243% even though two times of drinking driving skills, and the blood alcohol level was 0.243%.
The time to commit the crime.
All of the above electricitys are fines and accidents have not occurred.