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[Defendant A] The defendant shall be punished by imprisonment for eight months.
However, the above sentence shall be executed for a period of two years from the date this judgment became final.
Reasons
Punishment of the crime
[criminal power] On March 25, 201, Defendant A was issued a summary order of KRW 2,50,000,000 for a fine for a violation of the Road Traffic Act (driving) in the Gyeyang Branch of Suwon District Court on March 25, 201, and a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Incheon District Court on June 15, 2012.
Defendant
B on July 21, 2008, in the Chuncheon District Court's territorial branch, the summary order of KRW 1.5 million was issued to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on September 8, 2017, the same court issued the summary order of KRW 4 million for a violation of the Road Traffic Act.
【Criminal Facts】
1. On February 16, 2019, around 23:45, the Defendant driven a CK7 car under the influence of alcohol with approximately 500 meters alcohol concentration at approximately 0.067% from the 50-meter section to the national highway road No. 7 of the Daepo-si, Taepo-si, Taepo-si, Taepo-si, Taepo-si, Taepo-si, Gyeongpo-si, Seoul, at around 23:50 on the same day.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
2. On February 16, 2019, around 23:40, Defendant B driven a F-coo motor vehicle under the influence of alcohol concentration of 0.073% without obtaining a driver’s license in the section of about 2km from the front of the E-cafeteria located in Sincho-si (Seoul Metropolitan City) to the national highways No. 7 of the 2km Kapo-si, Gyeongpo-si, Mapo-si (Seoul Metropolitan City) around 23:50 on the same day.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle without a driver's license in violation of the above provision.
Summary of Evidence
1. Defendants’ respective legal statements
1. Report on the occurrence of a traffic accident, drug map, actual condition survey report, photographs, driver's license register, circumstantial statements of each drinking driver, circumstantial report of each drinking driver, and notification of the results of the control of drinking driving;
1. Each previous conviction in judgment: each of them;