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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 15, 2012, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Sungnam branch of Suwon District Court on February 15, 2012, and a person who was sentenced to a fine of KRW 1.5 million by the same court on December 10, 2018 and has at least twice the history of the violation of the Road Traffic Act (driving).
On April 4, 2019, at around 21:25, the Defendant, without a driver’s license, driven an E-A-to-purd vehicle from the front path in Gyeonggi-si, Gwangju-si to the front street of about 150 meters from around 0.067% of alcohol level without a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Notification of the control of drinking driving;
1. Registers of driver's licenses;
1. Application of criminal records, repeated statements, and copies of summary order Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act concerning the selection of imprisonment for a crime;
1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment as a crime of drinking-driving with heavy punishment);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The grounds for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence shall be determined as the same as the order, comprehensively taking into account the following factors: The reason for sentencing under Article 62(1) of the Criminal Act; the gravity of the offense; the degree of punishment; the level of drinking alcohol; the distance from driving; the amount of criminal records exceeding the fine; and the defendant’s age, occupation, character