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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On July 15, 2010, the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act in the Gwangju District Court's Maritime Branch on July 15, 2010, and other persons with the same criminal records more than four times.
1. On March 30, 2011, the Defendant: (a) around 21:40 on March 30, 201, operated a C high-class truck under the influence of alcohol content of about 0.196% without a vehicle driver’s license in a section of approximately 200 meters from the front road of a restaurant in the mutual influence of the Jindo-gun, Jindo-gun, Jindo-gun to the front road in the same Ri, located in the same Ri.
2. On April 12, 2013, the Defendant: (a) around April 23:25, 2013, the Defendant driven a Dbong-III truck under the influence of alcohol with approximately 200 meters alcohol concentration of 0.09% without a vehicle driver’s license in the direction of the Gu community hall located in the same Ri from the front point of “short-gu, Manam-gun, Manam-gun,” located in the Myeonggsan-si, Manam-gun, Jinnam-gun, to the front road of the Gu community hall located in the same Ri.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the result of the crackdown on drinking driving;
1. Investigation report (the circumstantial report of an immigration driver);
1. Report on the situation of running a motor vehicle under the influence of alcohol;
1. Registers of driver's licenses;
1. Division: Application of criminal records, inquiry reports, investigation reports (verification of criminal records of the same kind for driving without a license), and Acts and subordinate statutes;
1. Relevant Article 1 and Article 6 of the Addenda to the Road Traffic Act (amended by Act No. 10790, Jun. 8, 2011); Article 148-2 subparag. 1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201; hereinafter the same shall apply); Article 152 subparag. 1 and Article 43 of the former Road Traffic Act (amended by Act No. 152, Mar. 30, 201); Article 148-2(1)1, and Article 44(1) of the Road Traffic Act (amended by Act No. 1074, Apr. 12, 2013); Article 152 subparag. 1 and Article 43 of the Road Traffic Act (amended by Act No. 11718, Apr. 12, 2013)
1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Article 40 and Article 50 of the Road Traffic Act by the date of each crime and the Road Traffic Act (mutual crimes of driving without a license and each sentence shall be heavier).