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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal power] On September 11, 2009, the Defendant issued a summary order of 500,000 won to a fine of 500,000 won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court. On October 11, 2012, the Defendant issued a summary order of 3 million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court. On April 4, 2016, the Seoul Central District Court issued a summary order of 5 million won for a violation of the Road Traffic Act (driving) and issued a fine of 300,000 won at the Seoul Central District Court on April 14, 2016.
【Criminal Facts】
1. Around 18:00 on June 28, 2016, the Defendant driven Datoba at approximately 10 meters of the front road of Gwanak-gu in Seoul Special Metropolitan City, while under the influence of alcohol level of 0.069% without a driver’s license.
Accordingly, the defendant, who has violated the prohibition of drunk driving not less than twice, once again drives a motorcycle while under influence of alcohol in violation of the above provision, and also drives a motorcycle without a motorcycle driver's license.
2. On July 30, 2016, the Defendant, while under the influence of alcohol 0.093% without a driver’s license on July 30, 2016, driven the above 2km from the front side of the Seoul Southern-gu Seoul Metropolitan City Southern-ro 1822 to the new forest of Gwanak-gu in Seoul Special Metropolitan City.
Accordingly, the defendant, who has violated the prohibition of drunk driving not less than twice, once again drives a motorcycle while under influence of alcohol in violation of the above provision, and also drives a motorcycle without a motorcycle driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a drinking driver, a certificate of measurement of drinking, and a report on circumstantial statement of a drinking driver (Evidence Nos. 1, 2, 3);
1. On January 1, 201, an inquiry into the results of the crackdown on drinking driving, a report on the circumstantial statement of a drinking driver (Evidence Nos. 6, 7).