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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
1. On August 22, 2013, the Defendant received a summary order of a fine of five million won or more as a crime of violating the Road Traffic Act from the Ulsan District Court.
Nevertheless, at around 22:35 September 25, 2019, the Defendant driven a F Poter under the influence of alcohol with approximately 250 meters alcohol concentration of approximately 0.075% from the front of the C Bank located in Ulsan-gu C Bank B to the front of the E farm located in D. In addition, the Defendant driven a F Poter under the influence of alcohol concentration of about 250 meters.
Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol at least twice.
2. The Defendant violated the Road Traffic Act (unlicensed driving) and driven the F Poter Cargo Vehicles without a driver’s license at the time and place specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same kind of force);
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The crime was committed even though there were many previous convictions related to traffic, such as the reason for sentencing under Article 62-2 of the Criminal Act, the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and
It is so decided as per Disposition in consideration of the fact that it is seriously against the nature, and that it is not significantly serious to the degree of drinking, etc.