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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
【Criminal Power】 On July 15, 2004, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the original state branch of the Chuncheon District Court on July 15, 2004. On July 23, 2008, the order of KRW 1 million for the same crime was issued at the Cheongju District Court on July 23, 2008, and on February 11, 2009, the summary order of KRW 3 million for the same crime was issued.
In addition, on February 5, 2015, the Defendant was sentenced to a suspended sentence of two years on August 2, 2015 to imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the Chuncheon District Court's original branch, and the said judgment became final and conclusive on February 13, 2015.
【Criminal Facts” around 22:07 on June 8, 2016, the Defendant: (a) driven a Ckn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k
Therefore, even though the defendant was punished for the violation of the Road Traffic Act more than twice, he has driven a vehicle under the influence of re-driving without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the situation of a drinking driver, report on the situation of a drinking driving, and inquiry into the results of the crackdown on drinking;
1. Inquiry into the register of driver's licenses;
1. Criminal records as stated in the judgment: Application of criminal records, reply reports on criminal records, investigation reports (reports on previous records and attachment of judgment);
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant had been punished five times after drinking or driving without a license; and (b) the Defendant is under the influence of drinking even in the year 2015.