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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal power] On March 24, 2008, the Defendant was issued a summary order of one million won by a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court on March 24, 2008; on July 14, 2008, the Defendant was issued a summary order of three million won by a fine for a violation of the Road Traffic Act (driving). On June 19, 2009, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act (driving). On October 15, 2009, the same court was sentenced to a fine of five million won by a fine for a violation of the Road Traffic Act (driving) at the same court on March 26, 2010; on March 26, 2010, the Defendant was sentenced to imprisonment for a suspended sentence of two years by a court on March 21, 2018 and sentenced to a suspended sentence of two years as of March 29, 2018.
[2018 Highest 3408] On September 22, 2018, the Defendant driven the CA110 Oral Ba, under the influence of alcohol content 0.230% under the influence of alcohol without obtaining a driver’s license from a section of about 1km from the front side of the Jinhae-gu B market in Changwon-si to the front day of the D cafeteria located in the same Gu C.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motorcycle without obtaining a motorcycle driver's license under the influence of alcohol in violation of the above provision.
[2019 Highest 53] On December 22, 2018, the Defendant driven the ECA 110 Oral Sea under the influence of alcohol concentration of about 0.128% without obtaining a driver’s license from G in the direction of G in the same Gu from G in the front of the residence of the Defendant located in Jinhae-gu, Changwon-si to G in the front of G in the same Gu, G in the middle of about 500 meters.
Accordingly, the defendant, who has violated the prohibition of drunk driving twice or more, is under the influence of alcohol 0.128% without obtaining a motorcycle driver's license.