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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 of the final judgment.
Reasons
Punishment of the crime
[Criminal Power] On April 18, 2012, the Defendant received a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) from the Seocho District Court’s Seocho Branch on April 18, 2012, and on April 7, 2017, the same court issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving).
【Criminal Facts】
[2018 Highest 408]
1. On September 21, 2018, the Defendant driven a DNA driver’s vehicle under the influence of alcohol by 0.163% without obtaining a driver’s license from the front Do to the front 22:15, Sept. 21, 2018, and the Defendant under the influence of alcohol by 0.163%, without obtaining a driver’s license from the front Do to the front 183, and from the front Do to the front 1km.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, drives a motor vehicle under the influence of alcohol in violation of the above provision, and driving without obtaining a license.
[2019 Highest 37]
2. On January 16, 2019, the Defendant driven a Droping car under the influence of alcohol by 0.15% without obtaining a driver’s license in the section of about 1km from the front of the F in Si/Gu from the front of the F on January 16, 2019 to the front of the H in Si/Gu from early January 14:41, 2019.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, drives a motor vehicle under the influence of alcohol in violation of the above provision, and driving without obtaining a license.
Summary of Evidence
【Prior Records at the Time of Sales】
1. Criminal history records, reply reports, summary orders, etc. (A)
1. Defendant's legal statement;
1. Notification of the results of regulating drinking driving, report on the circumstances of each drinking driver, investigation report, ledger of driver's license, and application of Acts and subordinate statutes of each drinking-driving driver;
1. Article 148-2(1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018) as to the facts constituting an offense.