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The punishment of the accused shall be set forth in six months.
Reasons
Punishment of the crime
[criminal power] On December 9, 201, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Hongsung Branch of the Daejeon District Court on December 9, 201, and on October 31, 2017, the Defendant was sentenced to a suspended sentence of two years for the same crime in the same court.
【Criminal Facts】
On June 8, 2019, at around 12:05, the Defendant driven CNC125 Obama without obtaining a driver’s license in a state of alcohol alcohol concentration of approximately 0.341% from the two kilometers section from the front side of Schlage, Hongsung-gun, Hongsung-gun, where it is impossible to find out the trade name of Minecheon-gun, Chungcheongnam-gun, Chungcheongnam-do.
As a result, the Defendant driven a motor vehicle, etc. under the influence of alcohol not less than twice, and once again driven a motor vehicle under the influence of alcohol without obtaining a motorcycle driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. A fact-finding survey report and a report on detection of a host driver;
1. Registers of driver's licenses;
1. On-site photographs;
1. Previous records of judgment: Criminal history records, a copy of judgment, and the application of Acts and subordinate statutes of summary order;
1. Article 148-2 (1) and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 154 subparagraph 2 and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are subject to punishment for driving under the influence of alcohol on several occasions and the punishment for probation was imposed in around 2017, but the driving under the influence of alcohol without a license again during the grace period, the fact that the defendant is aged and is deemed not to have good health conditions, and other various factors for sentencing, including his family, occupation, and environment, shall be determined by comprehensively taking into account the factors for sentencing.