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A defendant shall be punished by imprisonment for a term of one year and four months.
except that 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 May 12, 2014, the Defendant received a summary order of KRW 4,500,000 as a fine for a violation of the Road Traffic Act (driving) in the Seogu District Court’s branch branch court, and on May 3, 2019, issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) at the Daegu District Court’s Daegu District Court.
On October 19, 2019, at around 05:30, the Defendant driven a benz car not covered by mandatory insurance without a driver’s license, while under the influence of blood alcohol concentration of about 0.181% in the 3km section from the road on which a long-term drinking house in Seogu, Daegu to the road located in the two kinds of Seo-gu, Seo-gu.
Summary of Evidence
1. To refer to the defendant's legal statement, the inquiry of the result of crackdown on drinking driving, the driver's license register on the circumstantial statement, and the mandatory insurance records, and the application of Acts and subordinate statutes to investigation reports (verification 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, Article 43 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;
1. Selection of imprisonment with prison labor for the choice of punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 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 on the stay of execution (including the fact that the defendant shows his/her attitude of confession and reflection, and that there has been no history of criminal punishment exceeding the fine until now);