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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On May 20, 2009, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (drawing driving without a license) at the District Court of the Republic of Korea on May 20, 209, and on November 14, 2014, the Defendant was sentenced to a suspended sentence of six months for the same crime at the same court.
On August 22, 2018, the Defendant driven a DNA car under the influence of alcohol content of 0.097% while under the influence of alcohol without obtaining a driver’s license from the front of the Guri-si B to the front of the D cafeteria located in Guri-si, Guri-si.
As a result, the defendant was punished not less than twice due to drinking, and driving a motor vehicle without a driver's license under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. The motor vehicle driver's license ledger;
1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, investigation reports (the same type of criminal suspect and attachment of judgment) and statutes;
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. The Defendant had had a record of being punished several times due to drinking and driving without a license even before sentencing of selective imprisonment with prison labor, and in particular, in 2014, he was sentenced to a suspended sentence of imprisonment with prison labor.
Nevertheless, the driver was driving under the influence of 0.097% of alcohol concentration in the re-bloods.
The defendant only has a motor device bicycle license, but has not obtained a driver's license once.
However, it shall be considered in favor of the fact that the defendant recognized the crime and the majority of the defendants want to take the action against the defendant.
The motive and background of the crime, including the above circumstances, the method and consequence of the crime, are followed.