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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
On August 19, 2009, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Seoul Southern District Court, and on January 5, 2017, the Defendant was sentenced to a summary order of KRW 1.5 million for the same crime at the same court, and on June 8, 2018, the Defendant was sentenced to a suspended sentence of KRW 8 months for the same crime, etc. at the Ansan District Court, and was sentenced to a suspended sentence of KRW 1.5 million for the same crime, etc. on June 8, 2018, and was in violation of the provision on the prohibition of driving under the influence of alcohol at least twice.
On March 27, 2019, the Defendant, without obtaining a driver’s license on March 27, 2019, driven a Dak-Paf car at a distance of about 5 km to the front road located in B in the Gung-dong located in the Gung-dong, in Gyeonggi-do, with a blood alcohol concentration of 0.128%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the drinking driving control, notification of the results of the drinking driving control, etc., and the statement of the state of drinking drivers;
1. Registers, etc. of driver's licenses;
1. Previous convictions in judgment: Criminal records, investigation reports (Attachment of court rulings, etc. related to Apact driving force of a suspect), court rulings, and application of statutes;
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); Articles 152 (1) and 43 of the Road Traffic Act (a point of driving without a license)
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. The punishment shall be determined in the same way as the order, in consideration of the fact that a person was sentenced to a fine due to drinking alcohol even in 2009 and 2017, and the blood alcohol concentration level, etc., when a sentence of alternative sentence of imprisonment is imposed, is re-driving during the period of suspended sentence due to reasons, drinking alcohol level, etc.;