beta
Text
A defendant shall be punished by imprisonment for a term of one year and two months.
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 January 22, 2009, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court on January 22, 2009. On August 19, 2010, the Defendant received a summary order of KRW 3 million for the same crime at the same court on August 19, 2010, and was sentenced to a fine of KRW 6 million for the same crime at the same court on June 14, 2018.
On August 13, 2020, at around 16:55, the Defendant driven Cchip car under the influence of alcohol with a blood alcohol concentration of about 0.237% without obtaining a driver’s license from the front of an influent restaurant in the Eup/Myeon of Siljin-si to the front road of Siljin-si, the Defendant driven Cchip car without obtaining a driver’s license.
As a result, the Defendant violated the prohibition of drinking driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes to criminal records, reply reports, written judgments, and summary orders;
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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing, including the defendant's criminal records, the degree of the principal offense, the circumstances of driving and distance, etc., the age, character and conduct, environment, etc., of the defendant for the reason of sentencing under