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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[2019 Highest 4138] The Defendant was sentenced to a fine of KRW 4 million at the Busan District Court on December 16, 2014 for a violation of the Road Traffic Act (driving) and was sentenced to a fine of KRW 3 million at the same court on April 13, 2015.
At around 08:30 on September 20, 2019, the Defendant driven a E-bea car while under the influence of alcohol leveling 0.145% in the section of approximately one kilometer of blood alcohol level on the front of D apartment at the same time from the parking lot of the C main store located in Yangsan-si B to the front of D apartment at the same time.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
[200 Highest 2577] On December 16, 2014, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act at the Busan District Court on December 16, 2014. On April 13, 2015, the same court was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving). On October 28, 2019, the Defendant was under trial after being detained for a violation of the Road Traffic Act (driving) in the same court.
On January 8, 2020, at around 07:35, the Defendant driven a E-beon vehicle with approximately 100 meters alcohol concentration 0.148% under the influence of alcohol, without obtaining a driver’s license, from the singinging on the mutual inf in Yangsan to the roads adjacent to H hospitals located in Yangsan City.
As a result, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated the regulations on prohibition of drinking driving more than twice.
Summary of Evidence
[2019 Highest 4138]
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;
1. On-site photographs and explanation at the time of dispatch;
1. A statement on criminal records, etc., investigation reports (verification of the same type of power);
1. Defendant's legal statement;
1. Photographs at the time of crackdown;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports (verification reports on the same type of force);
1. Each relevant Article of the Act concerning criminal facts;