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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
Criminal facts were partly revised to the extent that it does not infringe the defendant's right of defense in 2017 High Order 451.
[criminal history] On May 21, 2014, the Defendant was sentenced to a fine of KRW 5 million for a violation of road traffic law (drinking driving) in the official support of the Daejeon District Court on May 21, 2014. On November 6, 2015, the Defendant was sentenced to a suspended sentence of imprisonment with labor for one year for the same crime in the same court.
[2] The Defendant: (a) was a person who violated the provisions of the Road Traffic Act that prohibit the driving of a motor vehicle under the influence of alcohol not less than twice as stated in the facts prior to the trial; and (b) was driving B Poter cargo under the influence of alcohol by 0.229% from the 15km section of the blood alcohol level from around December 7, 2017, from the 17:30 Gongju-si, Gongju-si, to the Haak-si, the Haak-si, the Haak-si, the Hak-si, the Hak-si, the Hak-si, the lower court
On March 22, 2018, the Defendant, “2018 Highest 200,” without obtaining a driver’s license, driven a sports traffic-related truck in the section of approximately 800 meters from the front side of the suspect C in the official city around March 13:35, 2018 to D.
Summary of Evidence
"2017 Highest 451"
1. Statement of the defendant in the first trial record;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Six copies, such as a reply to inquiries, such as criminal history, a copy of the written judgment (Seoul District Court Decision 2007 High Court Decision 17891), etc. of 2018 High Court Order 200;
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking alcohol), subparagraph 1, 152 subparagraph 1, 43 (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment for each crime;
1. Grounds for sentencing of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment of concurrent crimes within the scope of adding up the long-term punishment specified for a crime of violating Road Traffic Act with heavy punishment) of the same Act;
1. Imprisonment with prison labor for not less than one year but not more than four years;
2. The defendant who was sentenced to a sentence shall drinking five times after 2007.