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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On June 10, 2018, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol by a police officer affiliated with a police officer of the crossing police station D police box called by the Defendant after receiving a report of 112 that the Defendant would drive a motor vehicle CK5 vehicle on the national highway No. 6 of the 3rd-distance in the 6th Doncheon-ri, which is located in the Doncheon-ri, while driving the motor vehicle under the influence of alcohol at around 11:10 on June 10, 2018, while driving the motor vehicle CK5 vehicle under the influence of alcohol.
There is a reasonable ground to determine a person, and even if requested to comply with the measurement of drinking by inserting the measuring instrument for drinking from around 11:37 of the same day to around 11:37 of the same day, he/she did not comply with it without justifiable grounds.
2. On January 23, 2017, the Defendant was sentenced to a fine of KRW 500,000,000 as a crime of violating the Road Traffic Act (drinking) at the original branch of the Chuncheon District Court on January 23, 2017, and one year of imprisonment with prison labor and two years of a suspended sentence for the same crime at the same court on August 30, 2017.
Around 11:00 on June 10, 2018, the Defendant driven the said car on the road of approximately 4km from the mother’s residence in the Gangseo-gun F of the Gangwon-do to the above place under the influence of alcohol content of 0.159% without a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial statement report on the driver's license, the ledger of driver's license, notification of the results of the crackdown on the driver's license, and response to requests for appraisal;
1. Investigation report (netly 2);
1. References to inquiries, such as criminal history, reports on the results of confirmation of undisposition previous convictions, and application of Acts and subordinate statutes (netly 13);
1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense; Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Code, and Article 38.