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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
around 05:10 on September 8, 2018, the Defendant driven a F Kazon car with a blood alcohol level of 0.130% under the influence of alcohol level of 0.130% without obtaining a driver’s license from the front side of the “C” located in Ulsan-gu, Ulsan-gu, Seoul-do to the front side of the E-mail located in Ulsan-gu, Ulsan-do.
On June 3, 2015, the Defendant was issued a summary order of KRW 5 million by the Ulsan District Court on the violation of the Road Traffic Act (driving). On September 8, 2018, the Defendant was prosecuted on September 28, 2018 on the charge of driving a vehicle under the influence of alcohol level of KRW 0.130%.
On October 3, 2018, the Defendant, without obtaining a driver’s license on October 23:21, 2018, driven a F Kanf car from approximately 500 meters away from the front of a public parking lot in the south-gu Seoul Metropolitan Government to the front of the I market, under the influence of alcohol level of 0.084%.
Accordingly, the defendant, who violated the prohibition on drinking under the Road Traffic Act more than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.
Summary of Evidence
[2018 Highest 2739]
1. Defendant's legal statement;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Making an inquiry and making an inquiry into the results of the crackdown on drinking driving;
1. Registers of driver's licenses;
1. On-site photographs (2018 Godan3008);
1. Defendant's legal statement;
1. Report on the circumstantial statements, investigation report (report on the circumstances of the driver without a license) and report on the circumstances of driving without a license;
1. Making an inquiry and making an inquiry into the results of the crackdown on drinking driving;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: The provisions of Acts and subordinate statutes concerning criminal records, US records and results confirmation;
1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of influence of alcohol on September 8, 2018), Article 152 subparagraph 1, Article 43 of the relevant Act on criminal facts.