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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On May 13, 201, the Defendant issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and KRW 4 million as a fine for the same crime in the same court on November 12, 2012, and on May 12, 2016, the Defendant was sentenced to a suspended sentence of ten months for the same crime in the same court on May 201, and the judgment became final and conclusive on May 20, 2016.
Despite the fact that the Defendant had been punished for violating the Road Traffic Act more than twice, the Defendant driven a B string car without obtaining a driver’s license on July 2, 2016, while under the influence of alcohol at least 0.123% of the blood alcohol concentration, the Defendant driven a approximately one kilometer from the front of the restaurant for the guest gymnale fri-Eup in Pyeongtaek-si to the front of the same Eup gymnasium inflation.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of drinking control, and the register of driver's licenses;
1. Application of Acts and subordinate statutes, such as inquiries into criminal records, etc. and 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. Even after 200 years after the reason for imposing sentence of selective sentence of imprisonment, the previous conviction, which was punished for drinking and refusing to measure drinking, led to five times the previous convictions, and five times the previous convictions punished for driving without a license.
After being sentenced to a suspended sentence due to drinking driving, the probation violated the special rules that the crime of this case was committed during the probation period, and that the driving will not be driven for any reason.
Sentence is inevitable, the sentence shall be determined by comprehensively taking into account all the factors of sentencing, including the fact that the defendant disposes of the vehicle and repents, the situation of drinking driving, family relationship, etc.