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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On October 23, 2008, the Defendant was issued a summary order of KRW 1.5 million in the Gwangju District Court's Netcheon Branch due to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (dacting driving), a fine of KRW 3 million due to a violation of the Road Traffic Act (dacting driving) in the same court on May 14, 2014, and a fine of KRW 5 million in the same court on March 29, 2016 (dacting driving).
On May 27, 2020, the Defendant driven a PEIM110 Orba in the state of alcohol leveling 0.093% of the blood alcohol level from the front side of C in Gwangju-si B to the front side of D in the same city, without obtaining a driver's license for a bicycle for a motor motor device, and driving the PEIM10 Orba in the 2km section from the front side of C in the same city to D.
As a result, the defendant violated the prohibition of drinking at least once, and once again drives a motor device under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of driving at home;
1. Notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report attached to the same type of power), and summary order-making statute;
1. Article 148-2 Subparag. 1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020; hereinafter the same shall apply) on criminal facts; Articles 154 Subparag. 2 and 43 of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 202);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 11 and 55 (1) 3 of the Criminal Act to mitigate deaf-mutes;
1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201; Decision 201Da1148