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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On May 13, 2010, the Defendant was sentenced to a summary order of 1.5 million won as a crime of violation of the Road Traffic Act by the Chuncheon District Court. On July 12, 2011, the Defendant was sentenced to a suspended sentence of 2 months by imprisonment with prison labor for a violation of the Road Traffic Act. On October 23, 2014, the Chuncheon District Court was sentenced to a suspended sentence of 2 years by imprisonment with prison labor for a violation of the Road Traffic Act.
On July 8, 2016, at around 20:30, the Defendant driven a CM motor vehicle under the influence of alcohol of about 0.155% without obtaining a driver’s license in a section of about 1km from the street in the vicinity of the YK oil station to the street in the same Eup/Myeon.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Reasons for imposing alternative sentence of imprisonment, taking into account the following factors of sentencing as well as the age, character and conduct, environment, etc. of the defendant: Circumstances favorable to confession and reflect: The fact that the defendant commits the instant crime at the same time during the period of suspension of execution due to the same criminal record and that he/she drives a vehicle while having a significant degree of blood alcohol alcohol level: