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The punishment of the accused shall be determined by eight months of imprisonment.
Reasons
Punishment of the crime
[criminal history] The Defendant was issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act at the Gwangju District Court on March 7, 201, and was sentenced to a fine of 2.5 million won by the same court on September 6, 2011, and was sentenced to a fine of 2.5 million won by the same court on December 22, 2011, and was sentenced to a suspended sentence of 4 months for the same crime in the same court on December 22, 2011. On April 13, 2017, the Defendant was sentenced to a suspended sentence of 1 year of imprisonment for the same crime at the same court on April 21, 2017 and became final and conclusive on April 21, 2017.
[Criminal facts]
1. On June 7, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a car from around about 2 km to the roads adjacent to the mutual singing on the singingular road in the Gwangju Mine-gu to the roads front of the D kindergarten located in the Gwangju Mine-gu, without obtaining a driver’s license for a car around 02:25 on June 7, 2017.
2. On June 7, 2017, the Defendant was under the influence of alcohol, such as driving of the said vehicle after drinking the alcohol around 02:25, and driving the said vehicle on the front of the D kindergarten located in Gwangju Mine-gu, by taking the vehicle parked on the road in front of the D kindergarten located in Gwangju Mine-gu, and driving the vehicle under the influence of alcohol, on the same day from the G who was under the control of the police box of the Gwangju Mine Police Station in receipt of a report to the effect that “the vehicle in front of the vehicle in front of the vehicle in front of the D kindergarten located in the Gwangju Mine-gu, which caused the accident of riding,” “on the same day, the same shall apply to the vehicle in front of 02:28.”
There are reasonable grounds to determine a seal, and it was demanded to respond to the measurement of alcohol by inserting approximately 30 minutes of the same day from around 03:03 to around 03:35.
Nevertheless, the defendant alleged that he/she has not driven, and refused to comply with a police officer's request for drinking without any justifiable reason.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Driving of alcohol;