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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On March 8, 2018, the Defendant received a summary order of KRW 1,500,000 from the Seoul Southern District Court as a crime of violation of the Road Traffic Act.
On November 8, 2019, at around 20:25, the Defendant driven Dworka car under the influence of alcohol concentration of about 0.090% without obtaining a driving license from approximately 30 meters from the front of Mapo-gu Seoul to the front of the same Gu C on the road.
As a result, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated the regulations on prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1248, Apr.
1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;