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A defendant shall be punished by imprisonment for a term of one year and two 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 April 6, 2010, the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on April 6, 2010, and on September 7, 2018, the same court issued a summary order of KRW 1.5 million due to a violation of the Road Traffic Act (driving).
At around 01:10 on May 24, 2020, the Defendant driven B SP car under the influence of alcohol concentration of 0.173% without obtaining a driver's license from a section of about 3km of approximately 0km in the same city, U.S.-dong, U.S., U.S., U.S. to the 4 U.S., U.S., U.S., U.S. in the same city.
As a result, the Defendant violated the prohibition of drunk driving more than twice, and simultaneously driven a motor vehicle without a driver's license.
Summary of Evidence
1. The defendant's legal statement, on-site photograph, on-site photograph, the circumstantial statement of a drinking driver, investigation report, notification of the results of the crackdown on drinking driving, notification of the records of the crackdown on drinking driving, the register of driver's licenses, and the register of driver's licenses;
1. Previous records of judgment: Criminal records, etc., inquiry report, judgment, and application of Acts and subordinate statutes concerning summary order;
1. Relevant provisions of Article 148-2 (1), and Article 44 (1) of the Road Traffic Act (hereafter referred to as "driving without a license" in this Article), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
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. The reason for the sentencing of Article 62-2 of the Criminal Act is that the driving of an order to attend a lecture is highly likely to be subject to criticism because of the high risk of infringing the life and property of
Although the defendant had a previous record of driving under the influence of alcohol, the defendant repeated the crime of driving without a license, and caused a physical accident.
The defendant's blood alcohol concentration was considerably high.
In light of these circumstances, the liability for the crime is not less complicated.
provided, however, that material damage shall be all.