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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On January 20, 2004, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) on March 26, 2010, KRW 1.5 million for the same crime on March 26, 2010, and KRW 5 million for the same crime on December 10, 2018, and on April 3, 2020, the Defendant issued a summary order of KRW 500,000 as a fine for the same crime on December 10, 201, and on April 3, 2020, the Defendant was sentenced to a suspended sentence of one year for imprisonment
On April 26, 2020, at around 02:06, the Defendant driven a motor vehicle in the E-P-type under the influence of alcohol leveling 0.126% of alcohol level without obtaining a driver's license from the front of the C funeral hall in Gyeonggi-si B to the front of the Defendant's dwelling in the same military D.
Summary of Evidence
Application of Acts and subordinate statutes to the defendant's legal statement, report on the circumstantial statement of a driving driver, register of driver's license, judgment, etc., one copy of each judgment, and investigation report (report on correction of distance of driving
1. Article 40 and Article 50 of the relevant Act on the Punishment of Criminal Crimes and the Commercial Concurrent Crimes under Articles 148-2 (1), 44 (1), 152 subparagraph 1, and 43 of the Road Traffic Act;
1. Considering the favorable circumstances, such as the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is recognized and contradictory to the reason for sentencing, and that the fact that a person does not drive under the influence of alcohol again is a crime during the period of suspension of execution, and that a person has been punished several times for the same kind of crime, etc., an unfavorable circumstance shall be considered.
In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.