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A defendant shall be punished by imprisonment for a term of one year and two months.
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
On September 22, 2006, the Defendant issued a summary order of KRW 2 million for the violation of the Road Traffic Act by the District Court of Jung-gu on September 22, 2006.
On July 14, 2019, the Defendant, at around 23:20 on July 14, 2019, driven a cren F vehicle under the influence of alcohol concentration of about 0.092% from the 400m section from the B apartment C-dong underground parking lot to the front road of the E-dong ground parking lot, and violated the prohibition of drinking driving under the Road Traffic Act more than twice.
On September 22, 2006, the Defendant issued a summary order of a fine of two million won for the violation of the Road Traffic Act by the District Court of Jung-gu on September 22, 2006, and on September 26, 2019, the Defendant filed a petition for the summary order with the District Court of Jung-gu for the same crime.
On October 15, 2019, at around 03:20, the Defendant driven a JG car at approximately 500 meters alcohol level without obtaining a driver’s license from the front side of the “H pharmacy” in the Namyang-si, Namyang-si, the Namyang-si, the Defendant driven a JG car at around 0.106% under the influence of alcohol level without obtaining a driver’s license.
Summary of Evidence
"2019 Highest 5002"
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol and report on the control of drinking driving;
1. Criminal history records, reply reports (A), investigation reports (attached to the same type of summary order);
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol and report on the control of drinking driving;
1. Report on the situation of operation without a license, and the register of driver’s licenses;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), pre-disposition records, results of confirmation, copies of indictments, and copies of summary orders;
1. Relevant provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;