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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On April 13, 2017, the Defendant was issued a fine of KRW 3 million by the Daejeon District Court for a crime of violating the Road Traffic Act (driving) and KRW 4 million by the same court on July 11, 2018, respectively.
1. [2018 Highest 2650] The Defendant is a person who has been punished for a violation of the Road Traffic Act (drinking) at least twice, and is a person who drives B QM6 automobiles.
On July 1, 2018, the Defendant driven the said car in the 4km section from around 162-gil 11, to around the same Domama-dong Doma-dong, as the Defendant was under the influence of alcohol with 0.13% of 0.13% of alcohol during blood, without obtaining a driver’s license, on July 1, 2018.
2. [Attachment 2018 Highest 3205] On August 9, 2018, the Defendant driven B QM6 car from around 3km to the front road of Daejeon Seo-gu, Seo-gu, Daejeon, with alcohol content of 0.079% under the influence of liquor on August 9, 2018.
Accordingly, the Defendant, without a driver's license, has violated the prohibition of drinking driving regulations not less than twice, driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by each of the defendants in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on drinking driving;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to inquire about criminal history;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of penalty: Imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Grounds for aggravated punishment for sentencing under Article 62-2 of the Criminal Act: High blood alcohol concentration, the harmful effects of repeated drinking and unlicensed driving, and danger.