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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] On April 23, 2019, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on April 23, 2019, and the same court on August 16 of the same year with the same record of being sentenced to a summary order of KRW 5 million for a violation of the Road Traffic Act (driving).
【Criminal Facts】
On June 12, 2019, around 22:40, the Defendant driven the E 7 car under the influence of alcohol with approximately 0.148% alcohol concentration without a vehicle driver’s license from the 10km road in Sacheon-si B to the front road of the Defendant’s residence in Sacheon-si D.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and the register of driver's licenses;
1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (related list of cases, summary order, etc.);
1. Article 152 subparagraph 1 of the relevant Article of the Road Traffic Act and Article 43 of the same Act concerning criminal facts, and Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. The grounds for sentencing choice of imprisonment with prison labor are three times during the year 2019, and the records of the defendant's blood alcohol concentration, driving distance, driving distance, circumstances leading to driving, etc. at the time of driving, and the conditions of various kinds of sentencing as shown in the arguments of this case shall be determined as ordered by considering the following: