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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On December 14, 2009, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) from the Goyang Branch Branch of the Jung-gu District Court on December 14, 2009. On September 14, 2012, the Defendant received a summary order of KRW 3,50,000 as a fine for the same crime at the same court on September 14, 2012. On July 17, 2013, the Defendant received a fine of KRW 6,00,000 for a violation of the Road Traffic Act (driving) from the Seocheon Branch Branch Branch of the Incheon District Court on July 17, 2013. On June 12, 2015, the Defendant was sentenced to a suspended sentence of 2 years for
At around 08:50 on August 13, 2020, the Defendant driven a D low-speed car under the influence of alcohol content of about 0.040% without obtaining a driver's license from around 7km-gu, U.S., U.S. to the front road of U.S., U.S. C. in the same city.
As above, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice and simultaneously drive without a license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, details of disposition on the cancellation of driver's license, details of notification as a result of the control of drinking driving;
1. Before judgment: Criminal records, two copies of judgment, and five copies of summary order under Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation reflects the defendant's wrongness and lowers the blood alcohol concentration.
However, the defendant has a total of seven times of punishment due to drinking or unlicensed driving (individually, four times of drinking driving and four times of non-licensed driving).
In particular, it was sentenced to a suspended sentence of imprisonment for drinking driving in 2015 and imprisonment for driving without a license in 2018.
The defendant's age, social.