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Defendant shall be punished by imprisonment for a term of one year and two months.
However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal record] On October 20, 2008, the Defendant was issued a summary order of a fine of two million won by the Seoul Central District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
1. Around 23:20 on June 16, 2020, the Defendant violated Article 44(1) of the Road Traffic Act by driving a MF5 car at approximately 900 meters from the road near a restaurant located in Jeju-si to the e-store located in Jeju-si, while under the influence of alcohol at least 0.089% of blood alcohol content at around 23:20 on June 16, 2020 and violated Article 44(1) of the Road Traffic Act at least twice.
2. On September 1, 2020, the Defendant violated the Road Traffic Act (unlicensed Driving) - The Defendant changed the vehicle number of the “F” vehicle on August 25, 2020 as indicated in paragraph (1) of the facts constituting the crime of J at approximately 5km from the G in Jeju to the first road located in H at Jeju, without obtaining a driver’s license at around 16:56 on September 1, 2020.
SM5 Motor Vehicle was driven by SM5.
Summary of Evidence
[200 Highest 1878]
1. Statement made by the defendant in this court;
1. Statement of the suspect interrogation protocol on the accused prepared by the police;
1. Report on the occurrence of a traffic accident prepared by police officers, report on the traffic accident, inquiry into the results of the control of drinking and driving, report on the circumstantial statement of a drinking driver, investigation report, and report on the 112 reported case register; and
1. Each image of an accident site photograph, on-site photograph, and on-site photograph;
1. Statement made by the defendant in this court;
1. Statement of the suspect interrogation protocol on the accused prepared by the police;
1. Entry in the register of driver's licenses for motor vehicles prepared by the police;
1. Statement of inquiries into police preparation;
1. Application of Acts and subordinate statutes to a statement (including attached documents) of investigation report (a copy of summary order of the same kind of crime) prepared by the prosecution;
1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act as stated in Article 2 of the said Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the said Act;