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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On December 9, 2019, the Defendant was issued a summary order of KRW 7 million for a fine for the violation of the Road Traffic Act, etc. in the Sung-nam branch of Suwon District Court.
Around 00:05 on December 16, 2019, the Defendant driven a motor vehicle of approximately 1km from the front side of the road located in Songpa-gu Seoul, Songpa-gu, without obtaining a driver's license for a motor vehicle under the influence of alcohol level of 0.118% with a blood alcohol level of at least 00:05, and operated a motor vehicle of about 1km from the front side of the road located in Songpa-gu, Seoul to the remote distance of about 567, as Seoul Songpa-gu.
Accordingly, the defendant was driving a motor vehicle more than twice without a driver's license.
around 01:32 on November 24, 2019, the Defendant driven a Category D car with a blood alcohol concentration of about 500 meters from the section of about 500 meters to the front road of G oil stations located in F from the front road of Sungnam-si, Sungnam-si to the G oil station.
Accordingly, the defendant was driving under drinking not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial statement of each host driver;
1. Registers of driver's licenses;
1. Previous records: Application of criminal history records, investigation reports (the previous records of the defendant and inquiry about the progress of the case) and statutes;
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. A person shall be punished by imprisonment, considering the following: (a) repeated driving of alcohol three times for a period of about two months on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for the mitigation of weight; (b) one time is in a state of non-license; and (c) one time was in a state of traffic accident during the first drunk driving; and (d) the two times thereafter was driving while driving a motor vehicle, and the two times thereafter was under a state of being