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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal power] On August 14, 2014, the Defendant was issued a summary order of KRW 4 million at the Gangnam Branch Branch of the Chuncheon District Court due to a violation of the Road Traffic Act (driving). On November 12, 2015, the same court was sentenced to a suspended sentence of two years for a year due to a violation of the Road Traffic Act (driving).
【Criminal Facts】
1. Around 06:30 on June 29, 2016, the Defendant was driving a F low-water vehicle while under the influence of alcohol alcohol level of about 0.061% without obtaining a driver’s license in the section of approximately 1.5 km from the roads near C located in Yangsan-si to the roads near the same city of “E” located in D in the same city.
Accordingly, the defendant, who has violated the prohibition on drinking under the Road Traffic Act not less than twice, drives a motor vehicle under the influence of alcohol in violation of the prohibition on drinking again, while driving a motor vehicle without obtaining a driver's license.
2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;
Nevertheless, the Defendant operated a passenger car with the F highest price, which was not covered by mandatory insurance at the time and place mentioned in the above Paragraph 1.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of a drinking driver and notification of the results of crackdown on drinking driving;
1. Registers of driver's licenses;
1. The chassis and the mandatory insurance bureau (Evidence Nos. 8);
1. Previous records of judgment: Criminal records, investigation reports (Attachment of a summary order), investigation reports (report on confirmation of past records of suspension of execution of sentence), summary order, and application of each statute of the judgment;
1. Relevant legal provisions concerning criminal facts: Article 148-2(1)1, and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 Subparag. 1, and Article 43 of the Road Traffic Act; Article 152 of the Road Traffic Act; and Article 43 of the Motor Vehicle Accident Compensation Act.