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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
【Criminal Power】 On September 26, 2012, the Defendant issued a summary order of KRW 7 million to a fine of KRW 2 million for a violation of the Road Traffic Act at the Seoul Western District Court on December 5, 2013, which was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act at the Seoul Southern District Court on December 5, 2013, and a fine of KRW 7 million for a violation of the Road Traffic Act at the same court on October 22, 2014, and on August 23, 2018, the Defendant issued a summary order of KRW 7 million for a violation of the Road Traffic Act at the same court on August 23, 2018, which became final and conclusive on August 31, 2018.
【Criminal Facts】 On March 22, 2019, at around 06:05, the Defendant driven Category D 1.2 km on the road near the main point of “C” located in Mapo-gu Seoul Metropolitan Government, without obtaining a driver’s license under the influence of alcohol level of 0.121%, from the road near the main point of “C” located in Mapo-gu Seoul Metropolitan Government, to the 22-km blind distance.
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. Report on the results of the control of drinking driving, report on the state of drinking drivers, and the register of driver's licenses;
1. On-site photographs at the time of enforcement;
1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports (a) and Acts and subordinate statutes before and after the suspension of execution, and the confirmation of a fixed date);
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Discretionary mitigation of punishment Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing).