Text
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 May 6, 2002, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act in the Daejeon District Court’s subdivision support on May 6, 2002, a summary order of a fine of three million won for the same crime in the same court on February 4, 2009, and a summary order of five million won for the same crime in the same court on March 20, 2018, respectively.
【Criminal Facts of Crimes】 On August 26, 2019, the Defendant driven DPoter II cargo without obtaining a driver’s license in the state of alcohol alcohol concentration of approximately 0.163% from the 12km section from the 12km section to the c’s front road located in the assigned group B from the insular cafeteria-si, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.
As a result, the defendant was driving while drinking more than twice, while driving at the same time without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of drinking control;
1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a copy of summary order) Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The same previous department is three times, and in particular, even if a fine of five million won is imposed due to drinking driving on March 2018, the circumstances favorable to the fact that the instant crime was committed again: The fact that there is no criminal record exceeding the fine, and the fact that there is no criminal record beyond the fine, and the sentencing conditions specified in the instant pleadings, such as the Defendant’s age, character and behavior, environment, criminal records, criminal records, circumstances after the crime, etc., shall be determined as the order, taking into account all the sentencing conditions specified in the instant pleadings, such as