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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
In the Daegu District Court on May 23, 2007, the Defendant received a fine of KRW 700,000,000 as a crime of violation of the Road Traffic Act (driving) from the Daegu District Court on May 23, 2007, a fine of KRW 4 million as a same crime in the same court on September 4, 2014, and a fine of KRW 9 million as a crime of violation of the Road Traffic Act (driving) in the same court on September 23, 2016.
On February 13, 2020, the Defendant, without a driver’s license on February 13, 2020, driven a e-learning car under the influence of alcohol concentration of about 0.084% from the 3km section from the front of the D Association in Ansan-si to the front parking lot of the D Association in Ansan-si.
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, his/her oral statement, the report on the situation of his/her driving, the report on the drinking alcohol control results, the investigation report (in relation to the degree of blood alcohol concentration), the investigation report (in relation to the records of the control of drinking alcohol concentration), the investigation report (in relation to the examination of blood alcohol concentration), the investigation report (in relation to the register of driver's licenses for motor vehicles of suspects, the examination of the level of blood alcohol concentration), and the investigation report (in addition to the
1. Previous records of judgment: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the crime concerned, subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act (the point of driving without a license) and Articles 40 and 50 of the same Act concerning the ordinary concurrent crimes, Articles 53 and 55 (1) 3 (the conditions favorable to the reasons of sentencing below) of the Criminal Act concerning the discretionary reduction of volume of punishment for which choice of imprisonment has been sentenced;
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant had already been sentenced to a fine four times due to drunk driving, and repeated the crime of drinking alcohol in the instant case, and the numerical value of blood alcohol concentration in the instant case is also revoked.