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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal power] On June 28, 201, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on October 9, 201, and the execution of the sentence was terminated on October 9, 201. On November 2, 2012, the Defendant was issued a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Changwon Branch Branch of Changwon District Court.
[2015 Highest 792] Although the Defendant had a history of drinking two or more times, the Defendant driven a DSS5 car in a state of under the influence of alcohol content of 0.168% without obtaining a driver’s license from around 22:10 on May 24, 2014 to the front road of the building in front of the building in the Gu, Si, Si, Gu, Si, and Gu.
[2015 Highest 1052] On July 6, 2015, the Defendant, even though having been under the influence of drinking two or more times, driven a motor vehicle under the influence of alcohol 0.124% of the blood alcohol concentration without obtaining a driver’s license at the 1km section from the front of the Tong-si to the front of the upstream-dong in Jin-si, through which the trade name in the Dong-dong at Jin-si cannot be known, at around 22:40 on July 6, 2015, while driving a motor vehicle under the influence of alcohol 0.124%.
Summary of Evidence
[2015 Highest 792]
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Making a report on the control of drinking driving;
1. Disqualifications of the main office, and the register of driver's licenses (2015 high-ranking 1052);
1. Defendant's legal statement;
1. Notification of the results of the control of drinking driving, inquiry into the results of the control of drinking driving on July 6, 2015, and a report on the state of drinking drivers' standing statement;
1. Registers of driver's licenses for motor vehicles and disqualified meetings of the main office;
1. An inquiry report, such as a criminal history;
1. [2015Kadan792] In the evidence records of the case, an investigation report (report on the confirmation of a crime during the suspect's repeated period), a report on the results of the investigation prior to disposition, two copies of the judgment, one copy of the status of personal identification and confinement, one copy of the evidence records of the same case (report on the confirmation of criminal records of the suspect), and the Jinwon District Court dated November 2, 2012.