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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On April 27, 2007, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Youngju District Court’s Young-dong Branch, and on November 22, 2012, received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act (driving) from the Daegu District Court’s Kim Branch on November 22, 2012, and on March 20, 2019, the Defendant was sentenced to a suspended sentence of KRW 8 months for a violation of the Road Traffic Act (driving) from the Daegu District Court’s Kimcheon-do branch on March 20, 2019.
The Defendant is a person who drives a NFLI car.
On March 27, 2019, at around 03:35, the Defendant driven the said car under the influence of alcohol concentration of 0.20% without obtaining a driver’s license from the front side of the D cafeteria located in the Gumi-si C to the front day of the F. in the same city E.
As a result, the defendant, who has been engaged in the violation of the Road Traffic Act at least twice, was driving the said vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. An accident site photograph;
1. Report on the circumstantial statement of a drinking driver, and inquiry report on the results of crackdown on drinking driving;
1. Registers of driver's licenses and detailed statements of revocation thereof;
1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;
1. Article applicable to criminal facts;
(a) Drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;
(b) Unlicensed driving: Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the same Act.
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. The latter part of Article 39(1) and Article 55(1)3 of the Criminal Act, following the treatment of concurrent crimes, are the fourth drunk driving for the reason of sentencing.
The third drinking driving is sentenced to a suspended sentence of imprisonment.
Blood alcohol concentration is very high and parked.