Text
Defendant shall be punished by imprisonment for not less than two years and six months.
except that the above sentence shall be executed for four years from the date of the final judgment.
Reasons
Punishment of the crime
"200 Highest 177"
1. On September 22, 2019, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.082% from the 5km section of around September 22, 2019 to the 07:2:20 on the road in front of C in the Yacheon-si, Yacheon-si B of the same sea area from September 22, 2019 to the 0.082% of the 5km road at the 5km road in the Yacheon-si, Yacheon-si.
2. On October 26, 2019, the Defendant violated the Road Traffic Act (driving) around September 22, 2019, as stated in paragraph (1) above, controlled the Defendant as a violation of the Road Traffic Act (driving).
On October 26, 2019, around 06:38, the Defendant driven an Ipter Ⅱ in the state of alcohol alcohol concentration of approximately 0.137% from the 18km section of approximately 18km from the front road in Mayang-si, Jeonyang-si to the H road in Jeonyang-si.
Accordingly, the defendant, who violated the prohibition of drinking driving, was driving the above vehicle under the influence of alcohol again.
around 05:18 on March 8, 2020, the Defendant driven a J Sti-type car under the influence of alcohol content of about 0.064% without obtaining a driver's license in the section of about 20km from the 10km to the distance of container located in the Gyang city in the vicinity of the Yacheon-si Municipal Ordinance-gu Seoul Metropolitan Government Ordinance-ro.
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. "Reports on the circumstantial statements of each drinking driver of the 2020 Highest 177" accused's statutory statement, each of the results of the crackdown on drinking driving": "20 Highest 585";
1. Statement on the circumstantial statement of the employee;
1. Application of the Acts and subordinate statutes to a copy of indictment in the register of driver's licenses for motor vehicles under influence control;
1. Relevant Article 148-2(3)2 of the Road Traffic Act and Article 44(1) of the Road Traffic Act (the point of driving under the influence of alcohol on September 22, 2019) concerning criminal facts and each former Road Traffic Act (the Act before it was amended by Act No. 17371, Jun. 9, 2020).