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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
[criminal power] On May 6, 2015, the Defendant issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act at the Daegu District Court and KRW 4 million as a fine in the same court on August 30, 2019, respectively.
【Criminal Facts】
On June 10, 2020, at around 23:21, the Defendant driven a Fcellto vehicle under the influence of alcohol level of about 0.109% without obtaining a driver's license on the section of about 200 meters from the front of the road in Daegu Dong-gu, Daegu to the front of the restaurant in the same Gu D.
As a result, the defendant driving a motor vehicle without obtaining a driver's license, and violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstantial statements of a drinking driver, investigation report, inquiry into the situation of a drinking driver, inquiry into the results of the control of drinking and driving, and the register of driver's licenses;
1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of previous convictions) and application of Acts and subordinate statutes governing summary orders;
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the same Act concerning the 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. Probation and order to attend a probation and attend a lecture, the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act - Despite two times the final punishment period, the driving of drinking without a license has not been more than one year from the final punishment period, and the blood alcohol concentration is higher than 0.109%.
- time to commit the offence;
The above punishment records are both fines and there is no other penalty records.