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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Criminal facts
Some of the facts charged were corrected.
On September 6, 2013, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violation of the Road Traffic Act at the Seoul Central District Court, and was sentenced to 8 months for the same crime on April 6, 2017. On December 5, 2017, the Defendant completed the execution of the sentence at the Suwon District Court on December 3, 2017. On January 31, 2019, the Defendant was sentenced to 10 million won for the same crime at the Seoul East District Court on June 1, 2006.
Nevertheless, at around 06:52 on October 6, 2019, the Defendant, without a driver’s license, driven a car with approximately 200 meters in front of the robot distance located in Sungnam-gu, Sungnam-si, and operated a car without obtaining a driver’s license.
Summary of Evidence
1. For the accused's legal statement, statement, report on the circumstances of the driver, notification of the results of the crackdown on drunk driving, previous records of the driver's license register (22 pages): Application of Acts and subordinate statutes to criminal records, investigation reports (the confirmation of criminal records and investigation records of the same kind), and criminal records, etc.;
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. Article 35 of the Criminal Act among repeated crimes;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant has been sentenced to the suspension of the execution of imprisonment for a drunk driving in around 2009; (b) the suspension of the execution of imprisonment for a drunk driving in around 2013; (c) the imprisonment for a drunk driving in around 2017; and (d) the fine of KRW 10 million for a drunk driving in around 2019.