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Defendant shall be punished by imprisonment for one year, and the execution shall be suspended for two years from the date the judgment becomes final and conclusive.
(b) the defendant;
Reasons
Punishment of the crime
On July 27, 2012, the Defendant received a summary order of KRW 3 million from the Seoul Eastern District Court to a fine of KRW 3 million for a violation of the Road Traffic Act, and on April 4, 2016, a fine of KRW 5 million for the same crime in the Sungnam Branch of Suwon District Court.
On June 1, 2019, at around 02:33, the Defendant driven a DNA strawing car with approximately 200 meters alcohol concentration 0.137% under the influence of alcohol without obtaining a driver's license from the Do in front of the funeral hall of the C Hospital located in Seongdong-gu Seoul Metropolitan Government from the Do in Seongdong-gu to the Cial-ro street in Seongdong-gu Seoul.
As a result, the Defendant, who violated the prohibition on drunk driving more than twice, drives a motor vehicle under the influence of alcohol in violation of the same provision, while driving the motor vehicle without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Records of drinking alcohol measurement, and the register of driver's licenses;
1. Application of statutes concerning criminal records;
1. Articles 148-2 (1) 1, 44 (1), 152 subparagraph 1, and 43 of the former Road Traffic Act (amended by Act No. 16037);
1. Commercial concurrence: Article 40 or 50 of the Criminal Act;
1. Selection of punishment: Imprisonment;
1. Suspension of execution: Article 62 (1) of the Criminal Act;
1. Community service order, etc.: Criminal Act 62-2;