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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant is a person who was sentenced to a fine of KRW 1.5 million at the Jeonju District Court, on May 2, 2006, to a fine of KRW 5 million for a crime of violating the Road Traffic Act (driving) on March 9, 2015, and a fine of KRW 5 million for the same crime on November 2, 2016.
On January 2, 2017, the Defendant driven C rocketing car with approximately 2km alcohol concentration of about 0.121% in blood without a driver’s license from the front of the 592 Modern Manpower Office to the 2km-ro 13th, Seojin-gu, Seojin-gu, Jeon-gu, Seoul, Seoul, to the front of the 592 Modern Manpower Office.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notice of the result of crackdown on driving drinking;
1. Inquiries into driver's licenses;
1. Article 148-2 (1) 1, Article 44 (1), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense subject to a summary order under the relevant Act and subordinate statutes;
1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant was sentenced to three times a fine and two times a suspended sentence due to drinking driving and driving without a license; and (b) the Defendant was also sentenced to one time a sentence; (c) however, the Defendant was driving under one time a license even though he was in the same condition; (d) on November 2, 2016, the Defendant was notified of a summary order of KRW 5 million due to driving under one time a license; and (e) on November 2, 2016, the Defendant was driving under one time a fine of KRW 5 million due to drinking (0.192% a alcohol level while he was in the blood); and (e) the Defendant was driving under one time a license for drinking, driving without a license; and (e) other circumstances, such as the Defendant’s age and occupation, living environment, and alcohol level during the blood and distance at the time of crackdown.