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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal power] On February 14, 201, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court on February 14, 201, and a summary order of KRW 7 million for the same crime in the same court on June 11, 2018. On October 4, 2018, the same court was sentenced to a suspended sentence of two years for a year as imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and for a violation of the Road Traffic Act.
【Criminal Facts】
On May 9, 2019, at around 02:50, the Defendant driven a BTball vehicle within a seven-lane radius from the road front of the Taedong-dong-dong in Gwangju-si to the side side of the flue rock, without obtaining a driver's license, while under the influence of alcohol at 0.161% of alcohol level.
Summary of Evidence
1. The application of Acts and subordinate statutes to the defendant's statutory statement, circumstantial statement, notification of the results of the drinking driving control, inquiry report on the ledger of driver's license, previous disposition, and report on results of confirmation;
1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 152 (1) and Article 43 of the Road Traffic Act concerning the crime;
1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant driven a car without a driver’s license, even though he/she was subject to a suspended sentence of imprisonment on or around October 201 due to a drunk driving in 201, a fine on or around June 2018, and a traffic accident due to a drunk driving, even though he/she was subject to a suspended sentence of imprisonment on or around October 2018, he/she driven a car without a driver’s license on or around May 2019, which is the period of the suspended sentence.
This is considered as a major circumstance, but the defendant's error is recognized, and the suspended sentence of imprisonment has already been sentenced on April 202.