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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
(Criminal Power) On August 29, 2018, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the inn branch of Suwon District Court on August 29, 2018, and on July 17, 2019, at the inn branch of Suwon District Court, a fine of KRW 4 million was issued for a violation of the Road Traffic Act.
(2019 Highest 1328) On September 30, 2019, the Defendant driven a Category D NA car under the influence of alcohol 0.093% alcohol concentration without obtaining a driver's license from around 100 meters from the front of the Gyeonggi City to the front of the Gyeonggi City.
As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.
(2020 Madan10) On October 6, 2019, the Defendant driven a DNA NAS car under the influence of alcohol 0.231% of alcohol alcohol concentration without obtaining a driver's license at a section of about 270 meters from the front of F in Innju City to the front of a H restaurant located in G in Innju City.
Accordingly, the defendant violated the prohibition of drinking driving more than twice, and driving a motor vehicle without obtaining a driver's license.
Summary of Evidence
(2019 Highest 1328)
1. Defendant's legal statement;
1. Statement of the police officer to I;
1. Notification of the results of the control of drinking alcohol driving, photographs taken to take a influence of alcohol, reports on the situation of drinking alcohol driving, circumstantial statements of drinking drivers, and investigation reports (report on the status of drinking drivers);
1. Report on the situation of operation without a license;
1. Registers of driver's licenses;
1. Photographs and photographs at the time of detection of drinking;
1. CCTV CDs (2020 highest 10);
1. Defendant's legal statement;
1. Photographs related to drinking driving, notification of the results of crackdown on drinking driving, inquiry into the results of crackdown on drinking driving, report on the situation of drinking drivers, report on the situation of drinking drivers, and investigation report;
1. Report on the situation of operation without a license;
1. Electronic inquiry, etc. of driver's licenses (criminal records on the market);
1. A statement on criminal records, etc.;