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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.
Reasons
Punishment of the crime
[criminal power] On January 4, 2012, the Defendant received a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court, and a summary order of KRW 1.5 million for the same crime at the same court on January 23, 2015.
【Criminal Facts】
1. On June 18, 2019, the Defendant, at around 00:15 on June 18, 2019, driven an Ebea cruise car under the influence of alcohol content of about 0.054% from the 37km section to the front road of Gangnam-si D Apartment, Gangwon-gun, Gangwon-do, the Defendant, at around 00:15, driven the Ebea cab under the influence of alcohol content of about 0.054%.
Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act not less than twice, was driving the vehicle under the influence of alcohol again.
2. On September 15, 2019, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) on September 20:43, 2019, the Defendant driven an Ebea cruise car under the influence of alcohol with a blood alcohol concentration of 0.152%, without obtaining a driver’s license, from the 15km section to the G national highway located near the upper Yanyang-gun, Yangyang-gun, Yangyang-gun, Gangwon-gun, the upper Yanyang-gun, the road near the upper Yanyangyang-gun, the river near the upper Yanyang-gun, and the G in the
As a result, the defendant has driven a motor vehicle under the influence of alcohol in violation of the prohibition of drinking without obtaining a driver's license more than twice.
Summary of Evidence
1. Report on the occurrence of a traffic accident by the accused’s statutory statement, the scene map of the accident, the actual survey report, the vehicle register, the circumstantial statement of each drinking driver, each investigation report, each investigation report, the notification on the results of the drinking driving control, and the ledger of driver’s licenses;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of punishment for a suspect);
1. Article 148-2(1)1, and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) (amended by Act No. 16037, Jun. 18, 2019); Articles 148-2(1) and 44 of the Road Traffic Act concerning criminal facts.