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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
[criminal power] The defendant was issued a summary order of a fine of eight million won for a violation of the Road Traffic Act in the Youngcheon District Court's monthly support on January 21, 2020.
【Criminal Facts】
1. Crimes committed on May 21, 2020;
A. On May 21, 2020, at around 07:10, the Defendant driven a Doz car without a car driver’s license at approximately 14 km from the front of the C industrial company located in the Gangseo-si, Taecheon-si, the same time from the front of the C industrial company in the C industrial complex B, Taecheon-si, the same time, to the parking lot.
B. On May 21, 2020, at around 16:45, the Defendant driven a Doz car without a car driver’s license on the section of approximately 16 km from the above parking lot to the above parking lot by going back to the parking lot.
2. On May 22, 2020, around 09:55 on May 22, 2020, the Defendant driven D-Wz car under the influence of alcohol 0.061% without a vehicle driver’s license in the 18km section of approximately 18km from May 22, 2020, the Defendant was under the influence of alcohol without a vehicle driver’s license.
As a result, the Defendant driven a motor vehicle without a driver's license and violated the regulations on prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to report the circumstantial statement of a drinking driver, notification of the results of the drinking driving control, report on the situation of driving a motor vehicle, investigation report (Attachment to the register of driver's license, etc.), investigation report (on-site visit, etc.), investigation report (Fmat Visit), CCTV image closure and investigation report (related to the application of the Badmark to a suspect);
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting a crime (a point of driving without obtaining a license);
1. Crimes of violation of Articles 40 and 50 of the Criminal Act ( between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act of May 22, 2020 ( between the crimes of unlicensed driving);
1. Selection of each sentence of imprisonment;
1. Article 37 of the Criminal Code among concurrent crimes.