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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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On February 14, 2003, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) in the Hongsung Branch of the Daejeon District Court on January 5, 2004, KRW 2 million as a fine for the same crime from the Seocheon Branch of the Daejeon District Court on May 13, 2009, KRW 1.5 million as a fine for the same crime from the Seocheon Branch of the Daejeon District Court on May 13, 2009, and KRW 4 million as a fine for the same crime from the Seocheon Branch of the Daejeon District Court on August 26, 2013.
【Criminal Facts】
1. On June 27, 2020, the Defendant violated the Road Traffic Act and the Road Traffic Act (unlicensed driving) at least once as stated in criminal records, and operated a motor vehicle without obtaining a driver’s license under the influence of alcohol with a blood alcohol concentration of 0.125% at around 15:40 on June 27, 2020, from the road front of the C in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu to the front of the D-dong, Seocheon-gu.
2. The Defendant, at the time and place specified in Paragraph 1, presented to the police officer a driver’s license under H’s name, who was in possession of a person who was requested to produce identification cards due to the detection of a driver’s license without a license, etc., for the F F Senior Station G at the time and place.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the drinking driving control, and inquiry of the results of the drinking driving control;
1. The circumstantial statement of the employee;
1. Registers of driver's licenses;
1. Vehicles and on-site photographs;
1. Photographss of seized articles and identification cards of the suspect;
1. Records of seizure and the list of seizure;
1. Investigation report ( Loss of a driver's license and hearing the victim's telephone statement related to the date of issuance);
1. Previous records: Criminal records, inquiry reports, investigation reports (verification of the same type of crime records), and application of Acts and subordinate statutes to criminal records, investigation reports (Attachment of the same type of criminal records of a suspect);
1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of a sound driving), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the point of a without a license) of the same Act, the Criminal Act;