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The punishment of the accused shall be determined by one year and six months.
Reasons
Criminal facts
[Common Criminal Power] On August 11, 2017, the Defendant sentenced ten months to imprisonment for a violation of the Road Traffic Act (unlicensed Driving) in the Cheongju District Court’s Chungcheong District Court’s Chungcheong Branch on April 15, 2018, and completed the execution of the sentence in the Boan Prison.
On August 16, 2018, at around 21:49, the Defendant driven the D Poter vehicle without obtaining a driver's license in approximately 1km section from around 2447, the front day of the D Poter Public Security Center to the front road, and the C 1km section to the front road.
On June 27, 2014, the Defendant was issued a summary order of KRW 4 million as a crime of violation of the Road Traffic Act (driving) at the Chungcheong District Court's Chungcheong Branch's Chungcheong Branch's Chungcheong Branch's Chungcheong Branch's order on March 27, 2015, and 7 million won of a fine was issued at the Chungcheong District Court's Chungcheong Branch's Chungcheong Branch's Chungcheong Branch's Chungcheong order on March 27, 2015.
On July 17, 2018, the Defendant, without obtaining a driver’s license, driven a DNA cargo vehicle from the front side of “F” in the area of Cheongju-si E in a considerable range of 0.129% of alcohol level on July 17, 2018 to the front side of the Cheongju-si, while under the influence of alcohol level of 0.129%.
Summary of Evidence
"2019 Highest 608"
1. Defendant's legal statement;
1. The driver's license ledger;
1. CCTV screen pictures;
1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A), results of prisoners search (A), "2019 order761";
1. Defendant's legal statement;
1. Registers of driver's licenses;
1. The circumstantial statement of the employee;
1. Investigation report (report on the circumstances of an immigration driver);
1. Notification of the control of drinking driving;
1. Previous convictions indicated in judgment: Criminal history records, probationary records (A), results of confirmation before disposition, results of confirmation, and application of Acts and subordinate statutes as a result of confinement, writing, and search;
1. Article 152 Subparag. 1 and Article 43 of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; hereinafter referred to as “former Road Traffic Act”); Articles 148-2(1)1 and 44(1) of the former Road Traffic Act concerning criminal facts
1. Trade name;