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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
On April 1, 2009, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, and on September 1, 2014, at the Ulsan District Court issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and on April 26, 2018, at the Busan District Court issued a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act.
Although the Defendant had been punished for drinking driving two times or more as above, on February 24, 2019, at around 21:18, the Defendant driven a three-way vehicle without obtaining a driver’s license with a blood alcohol concentration of about 0.087% from the 30m section from the 20m section to the 20m section following the B market in Gyeyang-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the situation of the driver, and the driver’s license ledger;
1. Previous convictions indicated in judgment: Criminal records and application of each summary order;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Recognizing the facts charged for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, the fact that blood alcohol concentration is not relatively high, and that there is no criminal record exceeding fines is favorable to the Defendant.
On the other hand, when one year has passed from the time of the crime of the last criminal record of the drinking driving, the fact that the driving of the drinking driving is disadvantageous to the defendant.
In addition, the punishment shall be determined as ordered by taking into account various factors of sentencing, such as the defendant's age, environment and motive for crime.