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A defendant shall be punished by imprisonment for not more than ten months.
However, 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 March 16, 2016, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Seog Branch of the Daegu District Court on March 16, 2016, and on March 24, 2016, a fine of KRW 4 million as a penalty for a violation of the Road Traffic Act (driving) at the Seog Branch Branch of the Daegu District Court on March 24, 2016, and was punished twice or more as a penalty for a violation of the Road Traffic Act (driving).
On April 9, 2019, at around 14:23, the Defendant driven B rocketing car under the influence of alcohol content of about 0.202% without obtaining a driver’s license from the 1km section to the front road of the 1km-gu, Seogu State Bond Compensation in 10, Seo-gu, Daegu, Seo-gu.
Summary of Evidence
1. Defendant's legal statement;
1. A written appraisal of blood alcohol and a report on detection of a drinking driver (blood collection result);
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of two copies of summary order Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: All other circumstances constituting the conditions for sentencing as shown in the pleadings of this case, such as the Defendant’s age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, etc., including the fact that the Defendant had been punished three times due to drinking driving, the fact that drinking driving was conducted without a license, and the fact that drinking water is very high: there is no record of punishment other than the above past force.