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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 February 17, 2020, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (unlicensed Driving) at the credit branch of Suwon District Court on February 17, 2020, and on September 9, 2019, the same court issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving).
【Criminal Facts】
On October 9, 2020, the Defendant operated a Cbe-crat-type car under the influence of alcohol concentration of 0.036% without obtaining a driver's license in the five-meter section of the road in front of the Gyeonggi-si, Leecheon-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. The defendant's legal statement, the statement on the circumstances of his/her driver, investigation report, the report on the situation of his/her driving, the report on the status of his/her driving, the register of driver's licenses for driving his/her vehicle and the report on the status of his/her without
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;
1. Selection of imprisonment with prison labor for a matter of crime as provided in Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act and Article 40 and Article 50 of the Act on the Standing and Standing Punishment of Traffic;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The reason for sentencing of Article 62-2 of the Criminal Act Article 62-2 of the Probation and Order to Attend the probation under Article 62 (1) of the Criminal Act was that the Defendant once driving without a drinking license even though he had the record of drinking driving
However, at the time of the instant case, the Defendant’s blood alcohol concentration was relatively low, and the driving distance is also short.
The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.