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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On February 18, 2014, the defendant was sentenced to a fine of 8 million won due to a violation of the Road Traffic Act (driving) at the Busan District Court on November 16, 2013, and a fine of 5 million won due to a violation of the Road Traffic Act (driving) at the same court on November 16, 2013, the defendant was sentenced to a fine of 5 million won more than twice.
1. On May 4, 2014, the Defendant was punished for a violation of the Road Traffic Act (driving without a license) more than twice as seen above, but, on the other hand, at around 00:30 on May 4, 2014, the Defendant driven a B-wing van without obtaining a driver’s license, under the influence of alcohol with a blood alcohol concentration of about 0.126% from the 400 meters away from the 400-meter section to the lower part of the lower part of the Hawn-dong located at the port of Busan, Busan to the lower part of the said Hawn-dong.
2. A person violating the Guarantee of Automobile Accident Compensation Act is prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance, but the Defendant, at the same time and place as above, operated the above wing and bus without mandatory insurance.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;
1. Registers of driver's licenses and details of disposition for cancellation thereof;
1. The credit bureau and the mandatory insurance association;
1. Previous records of judgment: Criminal records, inquiry records, and application of three-minutes of judgment;
1. Relevant Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;