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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On November 30, 2006, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act, and on January 4, 2008, the above court was sentenced to a fine of KRW 3 million for the same crime. On September 11, 2014, the above court received a summary order of KRW 5 million for the same crime. On July 19, 2018, the above court was sentenced to a summary order of KRW 10 months and a suspended sentence of KRW 2 years for the same crime.
On November 16, 2018, at around 20:35, the Defendant driven a D-II truck under the influence of alcohol content of 0.101% while under the influence of alcohol without obtaining a driver’s license from the front of the “Chza” located in Bosung-gun B, Bosung-gun to the front of the fire extinguishing bridge distance at approximately 1km.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Registers of driver's licenses;
1. Previous records of judgment: Application of inquiry reports and investigation reports (Attachment to previous records and written judgments, etc.);
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. The defendant's criminal records (in particular, the defendant committed each of the crimes of this case during the grace period after being sentenced to the suspension of the execution of imprisonment for the same kind of crime even though he/she had the capacity to punish the defendant several times), the degree of blood alcohol concentration of the defendant at the time of driving of this case, the reflectivity of the defendant, health conditions, family relations, etc. shall be comprehensively taken into account various sentencing conditions shown in the records and arguments of this case.
It is so ordered as per Disposition for the reasons above.