Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On June 7, 2013, the Defendant was issued a summary order of KRW 2.5 million on March 26, 2010 with a fine of KRW 7 million as a violation of the Road Traffic Act (driving) at the Gyeyang Branch of Suwon District Court on June 7, 2013, and on March 26, 2010 by the same court.
【Criminal Facts】
On March 23, 2019, at around 21:15, the Defendant driven a DMW car under the influence of alcohol concentration of 0.166% from the roads near Suwon-gu, Suwon-si B to the front road of the same Gu C.
On March 26, 2010, the Defendant was issued a summary order of KRW 2.5 million by a fine of KRW 7 million by a violation of the Road Traffic Act (driving) at the Gyeyang Branch of the Suwon District Court on March 26, 2010, and on June 7, 2013, by the same court on June 7, 2013, the summary order of KRW 7 million was respectively issued.
【Criminal Facts】
On June 24, 2019, around 23:24, the Defendant driven a vehicle with DMW520d in the state of alcohol 0.152% under the influence of alcohol without obtaining a driver's license from around 6.5 km section from the front of the Gu E-gu to the front of the same Sinan-gu F.
Summary of Evidence
"2019 Highest 2378"
1. Defendant's legal statement;
1. Notification of the results of the drinking driving control and lifts;
1. A report on the actual state of the driver;
1. Previous convictions: Criminal records and investigation reports (limited to the same criminal records);
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Notification of the control of drinking driving;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (limited to the same criminal records and the facts pending in trial);
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.