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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On November 27, 2008, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving without a license) at a district court in the jurisdiction of the Government on the jurisdiction of the Government on November 27, 2008, and on May 27, 2010, issued a summary order of KRW 2.5 million as a fine by the same court on the same offense.
On June 20, 2016, at around 07:08, the Defendant driven a cnicker car with approximately 30km of blood alcohol level 0.157% under the influence of alcohol without obtaining a driver's license, from the front side of the water skiing ground in which it is impossible to know the trade name in the mountain village of the Namcheon-si, Chungcheongnam-si, Chungcheongnam-do to the lower side of the west-gu, Gyeonggi-do Import Complex, Seoul, Chuncheon-do, to the lower 24.8km point.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;
Nevertheless, the Defendant operated the said U.S. passenger vehicle which was not covered by mandatory insurance at the time and place specified in Paragraph 1.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the result of the crackdown on drinking driving;
1. Registers of driver's licenses and mandatory insurance;
1. Previous records of judgment: Inquiries and inquiry reports (verification of records of drinking driving not less than twice) and the application of Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;