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A defendant shall be punished by imprisonment for one year.
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
On April 9, 2020, the Defendant was issued a summary order of KRW 6 million by the Seoul Northern District Court as a crime of violation of the Road Traffic Act.
On April 30, 2020, around 00:37, the Defendant driven a F-wing truck under the influence of alcohol concentration of 0.147% without a driver’s license at the section of approximately 25km from the Do in front of the C cafeteria located in Dongjak-gu Seoul Metropolitan Government, Seoul to the front of the E cafeteria located in Seoul Special Metropolitan City, Nowon-gu. D.
As a result, the Defendant driven a motor vehicle under the influence of alcohol without a driver's license at least twice.
Summary of Evidence
1. The defendant's legal statement, report on the state of his driving, report on the state of his driving, and the report on the state of his driver's license, and the register of his driver's licenses;
1. Previous records: The application of Acts and subordinate statutes to criminal records, investigation reports, etc. and investigation reports (report on confirmation of the same kind of force);
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. Selection of an alternative imprisonment with prison labor under Articles 40 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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture for drinking without drinking in this case is that the Defendant had been driving without drinking in this case after the license was revoked due to drinking driving. However, considering the fact that the Defendant’s mistake is against himself/herself and that he/she is the most responsible for his/her family’s livelihood, such as supporting the mother who is suffering from cancer, etc., the Defendant’s age, family relationship, personality and behavior, and living environment, the sentence as ordered shall be determined by taking account of various factors of sentencing such as the