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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On August 11, 2011, the Defendant was issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act, and a fine of KRW 3.5 million for a violation of the Road Traffic Act in the same court on November 14, 2011.
On March 31, 2012, at around 23:21, the Defendant, without a driver’s license, driven a D vehicle with approximately KRW 500 meters section from the Roter road located in the Geum-dong in the Geum-si, Giju-si, who was under the influence of alcohol by 0.138%, to the front and rear roads of the said Geum-dong.
Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement of the accused in the second protocol of trial;
1. Statement on driver's license, report on the results of the crackdown on drinking driving, and circumstantial report on drinking drivers;
1. Records before judgment: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;
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;
2. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a violation of the Road Traffic Act with heavier punishment).
3. The following circumstances are that the Defendant was at the time of the instant crime, and his mistake was pened in depth, and there was no additional accident, such as traffic accidents, even though the driving without a license of this case did not occur even though the Defendant was under the influence of alcohol without a license. Meanwhile, the instant crime was committed by the Defendant, whose driver’s license was revoked, driving without a license in a considerable state of drinking alcohol concentration of 0.138%, and the nature of the crime is not less than that of the Defendant, and the Defendant has the history of having been punished several times due to a drunk driving, etc., and the Defendant is driving under the influence of alcohol only in 2011.