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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On April 9, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), on April 26, 2007, the summary order of KRW 1,500,000 for a fine of KRW 1,50,000 for the same crime, on December 14, 2012 in the same court as the same crime, on December 14, 2012, two years for a suspended sentence of imprisonment with labor for the same crime, and on October 4, 2016, after having received a summary order of KRW 5,00,000 for a fine of KRW 5 million for the same crime in the same court as the same crime, and has been punished for drinking at least twice.
On January 12, 2017, the Defendant driven a F UAD car under the influence of alcohol leveling 0.107% while under the influence of alcohol leveling without obtaining a driver’s license for a motor vehicle in front of the “E” distance located in D at P, P, P, P, 100.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and the register of driver's licenses;
1. On-site photographs;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) of the Act on the Mitigation of Small Quantity is that the Defendant was a majority of criminal records, including a suspended sentence of imprisonment, due to drinking driving.
In particular, on October 4, 2016, the Defendant, who received a summary order (No. 2016 Gowon District Court Branch Branch Decision 2016 High Court Decision 13315), had been investigated by an investigative agency, and was charged with driving without a driver’s license at the same court 2016 High Court order 4773, and thereafter, had the awareness of ordinary compliance driving such as drinking and driving without a driver’s license at the same time after 15 days from the date of the issuance of the summary order.
Therefore, the defendant.