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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On September 15, 2010, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act in the Gwangju District Court’s Net Branch on September 15, 2010, and on March 29, 2013, the Defendant was issued a summary order of KRW 2 million for the same crime in the same court on March 29, 2013, and on April 3, 2015, the Defendant was sentenced to a suspended sentence of KRW 2 million for the same crime in the same court on April 11, 2015, and is currently under suspension of execution.
1. On August 1, 2015, the Defendant, at around 21:51 on August 21, 2015, received a demand for the measurement of alcohol on three occasions at around 22:27, around 22:37, and around 22:47, and on three occasions at around 22:47, he/she failed to comply with the demand for the measurement of alcohol without justifiable grounds, inasmuch as there are reasonable grounds to recognize that he/she was driving a C in the state of under the influence of alcohol, such as smelling on the front of an elementary school in front of the Ycheon-si Ordinance-dong of the Macheon-si and walking with a flusing nature
2. At the date and time set forth in paragraph 1, the Defendant driven C C stifine car without obtaining a driver’s license at approximately 500 meters section from the Hacheon City Do 15-ro 15, to the front day of the completion elementary school located in the Macheon-si 24, Macheon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the situation of the driver, the report on the entry of the driver, the registration of the driver’s license;
1. On-site photographs;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to the judgments of the same kind of suspect and summary orders),- Application of Acts and subordinate statutes and summary orders;
1. Relevant Article of the Act on the Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the occupation of refusing to measure noise), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, the selection of imprisonment with prison labor;
1. The reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code among concurrent offenders are majority of the defendants, and they are drinking and driving without a license even during the current suspended execution period.