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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[2016 Highest 1034] On May 2, 2016, the Defendant driven a vehicle of about 300 meters from the 438-ro, Oral-si, Oral-si, Hacheon-si, Hacheon-si, to the 104-ro, which was not covered by mandatory insurance without a driver’s license of a motor vehicle on May 2, 2016.
[2016 Highest 1174] On January 28, 2009, the Defendant issued a summary order of KRW 4,000,000 as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court’s Busan District Court’s Branch on January 28, 200, the summary order of KRW 2,00,000 as a crime of violating the Road Traffic Act (dacting driving) at the same court on September 6, 2011, and on July 9, 2014, the Defendant issued a summary order of KRW 5,00,000 as a fine for a crime of violating the Road Traffic Act (dacting driving).
On June 2, 2016, at around 23:05, the Defendant driven D Atop car with alcohol content of 0.094% while under the influence of alcohol without a driver’s license from around 200 meters from the place of influence in the vicinity of the Orcheon-si, Orcheon-gu, Busan to the 78-1st road of the same Gu.
Summary of Evidence
[2016 Highest 1034]
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. A driver's license ledger and a mandatory insurance certificate;
1. On-site photographs, etc. (2016 Height 1174);
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Notification of the results of regulating driving of alcohol, a statement on the circumstances of driving of alcohol, a ledger of driver's licenses, and details of revocation of driver's licenses;
1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (verification of the same criminal records as the suspect);
1. The facts constituting the crime are indicated in Articles 152 subparag. 1 and 43 of the Road Traffic Act (non-licensed driving), Article 46 subparag. 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of an automobile with no mandatory insurance), Article 148-2 subparag. 1 of the Road Traffic Act applicable to the indictment under Article 148-2 subparag. 2 subparag. 1 of the Road Traffic Act, but it is obvious that this is a clerical error as referred to in Article 148-2 subparag. 2 subparag. 1 of the Road Traffic Act.
Article 44(1) (the point of drinking).