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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On January 11, 2008, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Changwon District Court on January 11, 2008, and was sentenced to a fine of KRW 1.5 million for the same crime at the Changwon District Court on October 24, 201, and a person who violated the prohibition of drinking driving by issuing a summary order of KRW 5 million for the same crime at the Changwon District Court on June 15, 201, on two or more occasions.
Nevertheless, at around 22:05 on August 3, 2018, the Defendant driven a F Mtz car without obtaining a driving license from around 300 meters from the front of the road in Busan Young-gu B to the front of the entrance of E in D, and without obtaining a driving license, while under the influence of alcohol concentration of about 0.108%.
Summary of Evidence
1. A protocol concerning the police interrogation of the accused;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of the surrounding driver;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report on the results of confirmation before disposition), each summary order, or the application of Acts and subordinate statutes concerned;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 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;