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The punishment of the accused shall be determined by one year and six months.
However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 20, 2010, the Defendant received a summary order of KRW 2 million from the Seoul Central District Court to a fine for a violation of the Road Traffic Act, and on July 31, 2019, a summary order of KRW 4 million from the Seoul East East District Court to a fine for a violation of the Road Traffic Act.
On October 28, 2019, the Defendant, without obtaining a driver’s license, driven a B levir vehicle with a blood alcohol concentration of about 0.148% at a section of about 5km up to the road before the police box of the 145-lane in Gangnam-gu, Seongdong-gu, Seoul, as bankruptcy, on the road not exceeding 01:12, Seongdong-gu, Seoul.
At the same time, the Defendant violated the prohibition of drinking without a license more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;
1. Registers of driver's licenses;
1. To apply criminal records, inquiry reports, and each summary order 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order under Article 62-2 of the Criminal Act;