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A defendant shall be punished by imprisonment for not less than eight 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
On June 14, 1996, the Defendant received a summary order of KRW 1,50,00 as a fine for a violation of the Road Traffic Act. On April 25, 2001, the same court received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act. On June 30, 2004, the same court received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act. On December 24, 2007, the same court received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act. On July 25, 2016, the same court received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving). On November 13, 2017, the same court received a fine of KRW 500,000 as a fine for a violation of the Road Traffic Act.
On July 10, 2018, at around 07:30, the Defendant driven a Fpoter II truck under the influence of alcohol leveling 0.072% of alcohol level without obtaining a driving license on approximately 20km section from the front of C Middle School in Seopo City B to the front of E in Jeju City.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of detection of a violation of the Road Traffic Act (driving and Unlicensed Driving), notification of the detection of such a violation, reports on the free driving of a driver, reports on the state of a driver, investigation reports on the status of a driver of a driver, related photographs, inquiry into the results of the control of drunk driving, and the register of driver's licenses;
1. Previous convictions indicated in judgment: Criminal history records, investigation reports (former records, confirmations, and attachment of data), and application of Acts and subordinate statutes of four copies of a summary order;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of the penalty;