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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
On May 14, 2010, the Defendant issued a summary order of KRW 1 million to a fine of KRW 1 million for a violation of the Road Traffic Act at the Daejeon District Court on May 14, 201; on August 24, 2017, a fine of KRW 2 million for a violation of the Road Traffic Act at the Pyeongtaek District Court on the site of Suwon District Court on August 24, 2017; and on June 20, 2018, the Defendant was sentenced to a summary order of KRW 2 million for a violation of the Road Traffic Act (a violation of the Road Traffic Act) at the Pyeongtaek District Court on the site of Suwon District on September 20, 2018; and on June 28, 2018, the Defendant is under suspension of execution as of June 28, 20
1. On April 27, 2019, the Defendant: (a) driven a C low-speed car in the state of alcohol with a blood alcohol concentration of about 0.237% at a section of about 4km from the 4km road to the roads adjacent to Ansan-si (Seong-si); (b) around 03:18, the Defendant driven the C low-speed car with a blood alcohol content of at least 0.237%.
As a result, the suspect has been driving a motor vehicle under the influence of alcohol again even though he has violated the prohibition of drunk driving more than twice.
2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving a vehicle at the time and place specified in paragraph (1) without obtaining a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Each report on investigation;
1. The actual survey report, the appraisal request report, and the driver's license register of vehicles;
1. Criminal records, inquiry reports, investigation reports (verification of the same kind of drinking record), and application of Acts and subordinate statutes to the written judgment;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition, the choice of imprisonment;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, even though the Defendant was punished for a crime related to road traffic, committed the instant crime during the period of suspended execution, and committed the instant crime again during the period of suspended execution.