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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 March 29, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court as a crime of violation of the Road Traffic Act (driving). On July 28, 2020, the Defendant was sentenced to a suspended sentence of two years on August 5, 202, and the judgment became final and conclusive on August 5, 2020.
【Criminal Facts】
around 08:45 on July 3, 2020, the Defendant driven CK3 car without obtaining a driver’s license in the state of alcohol concentration of 0.077% at the 10m section of the front road of Bupyeong-gu Incheon Metropolitan City.
Accordingly, the defendant violated the prohibition of drinking driving more than twice, and simultaneously driving a motor vehicle without obtaining a driver's license.
The defendant is a holder of a Dmast Car in 2020 Godan8179.
No owner of any motor vehicle shall operate any motor vehicle on the road, which is not covered by mandatory insurance for motor vehicles.
On August 31, 2019, at around 01:03, the Defendant operated the said D E-car without having E, who was the front of the 39 City Yongsan-gu Integrated Welfare Center, a reading staff member of Yongsan-gu Seoul Metropolitan Government, drive the said D-car.
Summary of Evidence
One of the summary of the evidence in each case shall be consolidated and recorded.
1. Defendant's legal statement;
1. Report on detection (Violation of the Road Traffic Act), report on the circumstantial statement of a drinking driver, report on the circumstances of a drinking driver, notification on the results of crackdown on drinking driving, ledger of driver's licenses, provision of accident-free vehicles, inquiry about non-insurance-free vehicles, and inquiry into accident insurance contracts
1. Previous records of judgment: Criminal history records, investigation reports (verification of suspect release and judgment, reporting on confirmation of the same kind of power), one copy of the judgment attached thereto, and one summary order attached thereto;
1. Relevant provisions of Article 148-2 (1), and Article 44 (1) of the Road Traffic Act (the point of a sound driving) concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of a without a license) concerning criminal facts;