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A defendant shall be punished by imprisonment for not less than one year and six 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
1. On May 16, 2014, the Defendant issued a summary order of KRW 1 million at the Jeonju District Court to a fine for a violation of the Road Traffic Act, and on May 2, 2016, a summary order of KRW 5 million at the Jeonju District Court to a fine for a violation of the Road Traffic Act.
around 18:37 March 19, 2020, the Defendant driven CPoter II vehicle while under the influence of alcohol concentration of about 0.184% in a section of about 10 meters, a farming-ro near Seojin-gu Seoul Metropolitan Government B.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
B. On March 19, 2020, around 19:33, the Defendant driven Category C vehicle with a blood alcohol concentration of 0.222% at approximately approximately 200 meters from the 200-meter section of the Defendant’s dwelling route located in Seojin-gu Seoul Metropolitan City to the frontway of his dwelling in Jeonjin-gu, Seoul Metropolitan City.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
2. The defendant in violation of the Road Traffic Act shall be subject to subparagraph 1 (b).
At the time and place stated in the port, CPoter Ⅱ was driven without obtaining a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the results of the control of drinking driving, and the circumstantial statement of each drinking driver;
1. Registers of driver's licenses;
1. Sovereign photographs;
1. Previous records of judgment: Criminal records, etc. and the application of Acts and subordinate statutes of inquiry reports and investigation reports (No. 28);
1. Relevant provisions of Article 148-2 (1), Article 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 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation, community service order and order to attend a lecture, the records of drinking driving in the judgment of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act.