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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On March 25, 2013, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, etc. in the Gwangju District Court's Netcheon Branch, and on June 10, 2015, the same court issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act.
On March 8, 2019, at around 05:16, the Defendant driven Dworka car under the influence of alcohol concentration of about 0.093% without a car driver’s license from the front of the “C” road located in Facheon-si B to the normal intersection of the 26km-si Municipal Ordinances.
As a result, the defendant was a person who has driven under the influence of alcohol more than twice and was driving under the influence of alcohol without a license.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Registers of driver's licenses;
1. Previous convictions in judgment: Application of inquiries, a copy of each summary order, and the Acts and subordinate statutes;
1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 152 (1) and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. The Defendant committed the instant crime at the same time during the suspension period of the execution of imprisonment for the same kind of criminal conduct despite the fact that the Defendant had the same kind of force in choosing the sentence of imprisonment, taking full account of the degree of blood alcohol concentration of the Defendant at the time of driving of the instant case, the circumstances leading up to the control of each of the instant crimes, driving distance, the reflectability of the Defendant, and family relationship, and the various conditions of sentencing specified in the records and arguments of the instant case,
It is so decided as per Disposition for the above reasons.