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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 August 22, 2013, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act, etc. at the Pyeongtaek District Court’s Eunpyeong site on October 2, 2013; on October 31, 2018, the Defendant was sentenced to a summary order of eight million won for a violation of the Road Traffic Act at the Pyeongtaek District Court’s Eunpyeong Site site; and the Defendant was sentenced to a summary order of eight million won for a violation of the Road Traffic Act, and the Defendant was sentenced to four previous convictions.
On December 20, 2018, at around 21:20 on December 20, 2018, the Defendant driven B le-car with blood alcohol concentration of at least 0.117% while under the influence of alcohol without obtaining a driver's license in approximately 200 meters from the French-dong (Sap-dong) to the front road of the same time.
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 again.
Summary of Evidence
1. Defendant's legal statement;
1. Reference materials, such as notification of the results of the crackdown on drinking driving, a survey report on actual condition, and an opportunity for inspection;
1. Application of Acts and subordinate statutes to inquiries about criminal records, etc., investigation reports (attached to summary orders, etc.);
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;
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 Code for discretionary mitigation has the record of being punished several times due to drinking or non-licensed driving. Lastly, the defendant is sentenced to a summary order of a fine of KRW 8 million due to drunk driving, and immediately after the driver's license is revoked, and is again sentenced to the crime in this case.