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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 becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, at the Changwon District Court on March 8, 2010, received a summary order of KRW 1 million as a crime of violating the Road Traffic Act, and on July 1, 2019, received a summary order of KRW 2 million as a fine by the same court.
Although the Defendant had been punished twice due to drunk driving, on May 11, 2020, at around 19:15, the Defendant driven the Epwit-line cargo without obtaining a driver’s license with a blood alcohol content of approximately 0.146% from the section of approximately 100 meters from the 100 meters away from the D Association’s head office located in the same Gu C to the front road of the headquarters of the D Association, Changwon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Handling of 112 Reports, reports on the circumstantial statements of a drinking driver, reports on the status of a drinking driver, inquiry into the disqualification and notification of the results of the control of drinking driving;
1. Each report on investigation;
1. Previous convictions in judgment: Criminal records, investigation reports, and application of statutes governing judgment;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, which provide for the choice of punishment;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order shall be ruled as ordered on the grounds of not less than Article 62-2 of the Criminal Act (a request for verification of alcohol and for necessary treatment);