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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
【Criminal Power】 On June 18, 2007, the Defendant received a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the leisure branch of Suwon District Court, and on February 16, 2017, a fine of KRW 3 million for a crime of violation of the Road Traffic Act was issued at the Gangnam Branch of Chuncheon District Court.
【Criminal Facts】
1. Around 01:10 on December 5, 2017, the Defendant driven a F rocketing car under the influence of alcohol leveling 0.131% from the section 200 meters of alcohol level to the roads adjacent to the C Office located in Gangnam-si B to the Embbin front of the same city.
As a result, the Defendant violated the prohibition of drunk driving more than twice, and once again driven a motor vehicle under the influence of alcohol.
2. Violation of the Road Traffic Act;
A. The Defendant driven a rocketing car as stated in Paragraph 1 without a car driver’s license at the date and place specified in Paragraph 1.
B. On January 7, 2018, around 21:40, the Defendant driven a rocketing car as stated in paragraph (1) without a car driver’s license within approximately 300 meters from the front of Gangnam-si to the front of the I High School located in H of the same city.
Summary of Evidence
1. A protocol concerning the suspect examination of the accused;
1. A protocol concerning the examination of suspect of the accused (two-choices of investigation records);
1. Notification of the control of drinking driving;
1. The circumstantial statement of the employee;
1. 112 reported case handling table;
1. Registers of driver's licenses;
1. Investigation report (on-site visit details, etc.);
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of suspect's records of driving alcohol), and application of Acts and subordinate statutes governing summary orders;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) (a point of driving under the influence of sound), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. The provisions of Articles 40 and 50 of the Criminal Act (the crimes of violation of the Road Traffic Act by December 5, 2017 and the crimes of violation of the Road Traffic Act by December 5, 201) shall be 1.