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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 November 14, 2018, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Busan District Court Seo branch on November 14, 2018.
【Criminal Facts】
1. On July 16, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) driving, without obtaining a driver’s license on July 18:30, 2019, the Defendant driven Eco-car or car from the C-factory parking lot in Busan High-gu, Busan High-level, to approximately 3.5 km from the fee-charging parking lot in the same Gu D-based department store.
2. On July 17, 2019, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) driving license. On July 17, 2019, the Defendant driven the said car at the section of about 9 km from the pay parking lot on the department store in Busan, the level of alcohol content of which is 0.121%, while under the influence of alcohol at a level of 0.121%.
As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on actual traffic accidents, survey reports on actual condition, and reports on the occurrence of traffic accidents;
1. A photograph of the vehicle involved in accident;
1. Report on actions taken against an employer, and report on the status of an employer-employed driver;
1. Registers of driver's licenses;
1. Investigation report (Report on the status of an employee);
1. Investigation report (verification of CCTV in the apartment house at an accident place);
1. Report on internal investigation (verification of accident sites, etc., and verification of black records of damaged vehicles);
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts of the crime (the point of running a sound driving) of the same Act;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a violation of the Road Traffic Act that committed July 17, 2019 and a violation of the Road Traffic Act, and a punishment imposed on a violation of the Road Traffic Act, of which punishment is heavier, shall be imposed);
1. Selection of each sentence of imprisonment;
1. The Criminal Act among concurrent crimes.