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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On June 23, 2017, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Western District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 3 million by the same court on March 28, 2018, respectively.
【Criminal Facts】
On August 5, 2019, at around 00:43, the Defendant, while under the influence of alcohol with a blood alcohol concentration of 0.136%, did not obtain a driver’s license. From the restaurant parking lot located in Mapo-gu Seoul Metropolitan Government to D, the Defendant driven the E Carping Vehicle from approximately 4 km to the front road of Seoul Jung-gu.
As a result, the defendant violated the prohibition of drinking driving more than twice, and at the same time, driving a motor vehicle without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Registers of driver's licenses;
1. Each investigation report (No. 14, 17 No. 14 of the evidence list);
1. Previous convictions: Application of Acts and subordinate statutes governing the crimes and investigation of foreigners, ordinary records, summary orders, and list of related cases;
1. Relevant provisions of Article 148-2 (1) and 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
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 reasons for sentencing under Article 62-2 of the Criminal Act for probation and order to attend a lecture are three times or more for the defendant. The defendant is deemed to have high drinking water of this case, and in light of the crime and situation leading up to the operation of a free on board a passenger under the influence of alcohol, it is deemed that the crime is not good, but it does not lead to an accident even if it is sufficiently controlled, and there is no criminal power except for the two preceding crimes of drinking driving prior to this case.