Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal history] On March 27, 2003, the Defendant received a summary order of KRW 2 million as a fine for a violation of road traffic laws at the Jung-gu District Court on March 27, 2003, and a fine of KRW 2 million as a fine for a violation of road traffic laws at the Seoul East-gu District Court on October 26, 2004.
On July 20, 2009, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act at the Jung-gu District Court on July 20, 2009, and was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act at the Jung-gu District Court on October 23, 2009.
On June 23, 2011, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine of KRW 1,500,000 for a violation of road traffic law in the Sungnam Support of the Suwon Friwon, and on April 24, 2014, the Defendant was sentenced to six months for a violation of road traffic law in the Seosan Branch of the Daejeon District Court, and completed the execution of the sentence in the official prison on October 23, 2014.
[Criminal facts] On August 6, 2015, the Defendant driven C observer car under the influence of alcohol content of 0.206% while under the influence of alcohol without obtaining a motor vehicle driver’s license on the front of the Daejeon Conscing Center, which is located in the Dong-gu Daejeon, Daejeon.
As a result, the Defendant once driven a motor vehicle without a driver's license even though he/she had a record of punishment more than twice due to drinking.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution with regard to D;
1. Statement made by the police for E;
1. A survey report (1) on actual condition, an accident scene photograph, a report on detection of a primary driver, a report on the circumstances of the primary driver, and the register of driver's licenses;
1. Previous records: Application of Acts and subordinate statutes to inquiries about criminal records, investigation reports (report accompanied by a copy of the summary order, etc. of the same type of force), investigation reports (report accompanied by a copy of the same type of force judgment);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Code of Trade and Trade.