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1. The defendant shall be punished by imprisonment with prison labor for one and half years;
2.Provided, That the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Power of crime] On May 26, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic law at the Busan District Court's Dong Branch branch branch branch, and on March 25, 2016, a summary order of KRW 4 million for a crime of violating road traffic law (driving alcohol), respectively.
[2] On June 9, 2020, the Defendant driven Fmna 4S cars without a vehicle driver's license in the state of alcohol alcohol concentration of about 0.109% from the 2.8 kilometer section of the D Apartment-si, Seocheon-si to the front road of the D Apartment-si, Seocheon-si. The Defendant driven Fmna 4S cars without a vehicle driver's license.
Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice, and simultaneously drive a vehicle without a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of alcohol, statement report on the situation of the driver driving, report on the situation of driving without a license, and the register of driver's licenses;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), report on investigation (formers and confirmations), and summary order of four Acts and subordinate statutes;
1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Articles 152 (1), 43, and 80 (overtake of Unlicensed Driving) of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the driving of an order to provide community service and attend lectures may cause serious damage to the life, body, and property of another person. Therefore, the corresponding punishment is required.
The defendant is punished for a crime of violating the Road Traffic Act (pacting driving) in around 2010 and around 2016, and is punished for a crime of violating the Road Traffic Act (pacting driving) in 201 and 2016 (2).