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A defendant shall be punished by imprisonment for not more than ten 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 November 13, 2008, the Defendant was sentenced to a summary order of KRW 2.5 million for the crime of violating the Road Traffic Act in the Seosan Branch of the Daejeon District Court on November 13, 2008, and on April 25, 2014, the Defendant was sentenced to a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the same court on April 25, 201, respectively.
At around 22:20 on April 24, 2019, the Defendant, without obtaining a driver’s license, driven a freight vehicle D class III in the section of about 15 meters in Taean-gun B, under the influence of alcohol content of 0.196%.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and the register of driver's licenses;
1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
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 circumstances, such as the contents of the criminal records of the same kind of crime with the reason for sentencing under Article 62-2 of the Criminal Act, the time and frequency of the crime, the blood alcohol concentration, the distance of drunk driving, the degree of driving without license, the danger of accident and the age, character and conduct, environment, family relationship, circumstances after the crime, etc.