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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal history] On February 14, 2007, the Defendant was sentenced to a summary order of KRW 5 million due to a violation of road traffic law (drinking driving), etc. on October 11, 2007, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court. On August 22, 2014, the Defendant was sentenced to a suspended sentence of two years for the same crime.
[2016 Highest 408]
1. On May 30, 2016, the Defendant driven a C rocketing car under the influence of alcohol content of about 0.117% in alcohol without a vehicle driver’s license from the front of a restaurant near the Korean Transport University to the front of the common-purpose road located in the same city-based gate, located within approximately 1.5 K meters from the front of the restaurant located in the same city-based gate.
[2016 Highest 596]
2. On July 23, 2016, at around 21:55, the Defendant driven Crocketing car under the influence of alcohol concentration of about 0.132% during blood without obtaining a driver’s license from around 200 meters in the section of 200 meters from the front of the road located in 183-1, U.S. P. P. P. P., P., P., P., P., P., P., P., 201, to the roads in front of the solar fishery.
As a result, the defendant was punished as a crime of violating the Road Traffic Act more than twice, and driving a motor vehicle under the influence of alcohol without obtaining a driver's license.
Summary of Evidence
[2016 Highest 408]
1. Statement by the defendant in court;
1. A driver's license inquiry;
1. Report on the results of the crackdown on driving alcohol and on the circumstantial statement (2016 altitude 596);
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. The driver's license ledger (before judgment);
1. Written inquiry about criminal history, etc.;
1. Application of Acts and subordinate statutes on investigation reports (reports accompanying the rulings of the same kind of crime);
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;
1. Each of the Criminal Code of Commercial Competition.