Text
Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
On July 6, 2016, the Defendant was sentenced to two years of a suspended sentence of ten months for violation of the Road Traffic Act (driving) by the Jung-gu District Court on July 6, 2016. On September 12, 2016, the Defendant was under the influence of regulating the violation of the Road Traffic Act (driving) at Dongducheon-si on September 12, 2016.
It is the criminal facts of the 2019 Highest 1002 case mentioned later.
Defendant
On February 23, 2019, at around 20:33, a person with two alcohol driving skills, driving a vehicle of one ton of E heading C, without a driver’s license, in the 4km section from the C’s office located in B of Gyeonggi-si to the roads of D apartment, with a blood alcohol concentration of about 0.121% from the 4km section to the roads of D apartment.
around 07:45 on September 12, 2016, the Defendant driven a Fco-ray car under the influence of 0.102% of blood alcohol concentration without obtaining a driver’s license from approximately 5km section from the front of the earth station in the Doducheon-si Action to the front of the internal event distance in the same Doducheon-si, Dongbcheon-si.
Summary of Evidence
[2019 Highest 967]
1. Making a report on the control of drinking driving;
1. Registers of driver's licenses;
1. Previous convictions in judgment: Criminal history records, inquiry reports, and investigation reports (verification of suspect's records of driving alcohol);
1. Making a report on the control of drinking driving;
1. Application of Acts and subordinate statutes concerning the ledger of driver's licenses;
1. Article 148-2(1)1, Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); Article 152 subparag. 1, and Article 43 of the Road Traffic Act (Unlicensed Driving on February 23, 2019); Article 148-2(2)2, and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);
1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes ( mutually between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without obtaining a license);
1. Selection of penalty: