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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 20, 2014, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act (driving) at the Seocheon Branch of the Daejeon District Court on April 21, 2018, and was sentenced to a fine of KRW 7 million for the crime of violating the Road Traffic Act (driving) at the Seoul Southern District Court on April 21, 2018.
On February 23, 2019, at around 22:25, the Defendant driven a fenz E350 vehicle under the influence of alcohol 0.130% alcohol level without obtaining a driver's license from around 300 meters from the C neighboring road in Pyeongtaek-si B to Pyeongtaek-si E-dong.
As a result, the Defendant, who violated the prohibition on drunk driving more than twice, drives a motor vehicle under the influence of alcohol in violation of the same provision, while driving the motor vehicle without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of crackdown on drinking driving;
1. Application of Acts and subordinate statutes to the inquiry report and investigation report (a summary order of the same-class electric power attached thereto);
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition, the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The execution of imprisonment with labor shall be suspended in consideration of the fact that the defendant with the reason for sentencing under Article 62-2 (1) of the Criminal Act has no record of the crime exceeding the fine in addition to the record of the crime committed on two occasions due to drunk driving, but incidental disposition shall be imposed to prevent the second offense