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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
[criminal history] On March 19, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violation of road traffic law at the Jung-gu District Court on the same day, and on February 19, 2016, a fine of KRW 1 million for the same crime from the Chungcheong District Court’s Chungcheong Branch. On March 10, 2017, the Defendant was sentenced to a fine of KRW 7 million for the same crime at the same court.
On May 19, 2018, the Defendant driven a C-learning car under the influence of alcohol content of 0.093% in blood without obtaining a driver’s license, from around about 20km to around 597, from the roads near California located in Jinyang-si, Seoul Special Metropolitan City to the roads near 597, the Defendant driven a C-learning car under the influence of alcohol content of 0.093% in blood.
On June 14, 2018, the Defendant: (a) around 22:25 on June 14, 2018, the Defendant driven a Clearning car without obtaining a driver’s license from around 300 meters in the section of approximately 300 meters from the front of a mutual influent restaurant located in the Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do to the front road of the Geumdo-Eup’s administrative welfare center located in the same Eup/Myeon; and (b) while under the influence of alcohol concentration of 0.066% during blood alcohol.
Summary of Evidence
"2018 Highest 349"
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Investigation report (report on the situation of the driver in charge); and
1. The driver's license ledger;
1. Criminal records: References to inquiries, such as criminal history, investigation reports (Attachment to the previous decisions and related decisions), - referring to the High Court Decision 2009 High Court Decision 5328, 2018 High Court Decision 382 High Court Decision, etc.;
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Investigation report (report on the situation of the driver in charge); and
1. The driver's license ledger (A);
1. Inquiry into the partnership of the main office;
1. Criminal history: Application of an inquiry letter, such as criminal history, and an investigation report (verification of that type of force) statute;
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.Article 40 of the Criminal Code of Trade and Trade.