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A defendant shall be punished by imprisonment for one year.
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
[criminal power] On April 25, 2013, the Defendant issued a summary order of KRW 1.5 million at the Busan District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on June 10, 2013, a summary order of KRW 5 million was issued at the Busan District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act.
【Criminal Facts】
On February 1, 2019, at around 07:09, the Defendant driven a e-coo vehicle while under the influence of alcohol concentration of 0.162% without obtaining a driving license from around 30 meters from the front road in Busan Northern-gu B to the front road in Busan Northern-gu Durher.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Registers of driver's licenses and details of disposition for cancellation thereof;
1. Report on the statement of the situation of a drinking driver, the report on the actions taken against a drinking driver, and the ledger on the use of a drinking measuring instrument;
1. Investigation report (report on the circumstances of an immigration driver);
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the same previous records and confirmation of 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); 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. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures [unlicensed circumstances] The crime of this case is not likely to be a crime that the defendant has driven under the influence of alcohol in the state ofless license.
The Defendant committed the instant crime without being sentenced to a fine due to drinking driving twice in the past, even though he had a record of being sentenced to a fine.
【Ligue circumstances】 The Defendant acknowledges and reflects his criminal act.
The age, character and conduct of the defendant;