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Defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 21, 2011, the Defendant was sentenced to a summary order of 1.5 million won for a crime of violating the Road Traffic Act in the Young-gu Branch of the Chuncheon District Court on February 21, 201, and was apprehended to drive under the influence of alcohol again on September 2, 2019, and was detained for the same crime in the same court on November 29, 2019, and is still pending in the trial court of Chuncheon District Court 2020No121.
On November 21, 2019, at around 19:53, the Defendant driven a motor vehicle under the influence of alcohol of 0.109% with a blood alcohol level of 0.109% without obtaining a driver’s license from the front side of the “C” in the Gangwon-gun, Gangwon-do, to the front side of the “E” in D from approximately 2km to the front side of the “E” in D.
As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and at the same time, operated a vehicle without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, report on the situation of driving a driving a motor vehicle, report on the results of crackdown on driving a motor vehicle, report on the situation of driving without a license, ledger of driver's licenses, investigation report (specific, such as the final drinking time
1. Previous convictions indicated in the judgment: Report on the result of confirmation of the previous disposition, indictment, result of case search by the Supreme Court, investigation report (verification of the same type of punishment records), and application of Acts and subordinate statutes of the summary order;
1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;
1. The scope of applicable sentences: Imprisonment with prison labor for a period of one year to two years and six months;
2. The Defendant, without a license, driven a car about 2 km while under the influence of alcohol level of 0.109%.
The defendant has a record of being punished for a fine of 1.5 million won due to a drunk driving in 2011.