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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On September 10, 2007, the Defendant received a summary order of a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) from the Busan District Court Branch on September 10, 2007, and on May 8, 2008, the Defendant was sentenced to a suspended sentence of KRW 1 year due to the same crime in the same court on April 2008. On January 30, 2013, the Defendant was driving a C truck under the influence of alcohol concentration of KRW 0.165% on the roads of 144% in Spoon-si, Mapoon-si, Kimpo-si on January 30, 2013, without a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of a drinking driver, inquiry of a driver's license, and inquiry into the results of the drinking control;
1. Previous records of judgment: Application of inquiries, such as criminal records, and criminal investigation reports (report accompanied by a written judgment) Acts and subordinate statutes;
1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of without a license) and the choice of imprisonment with prison labor;
1. In addition to the previous conviction of sentencing under Articles 40 and 50 of the Criminal Act, the defendant was sentenced to a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the Incheon District Court's Busan District Court's Branch on February 23, 2006; the summary order of KRW 700,000 for the same court on September 17, 2007; the summary order of KRW 1 million for the crime of violating the Road Traffic Act (unlicensed Driving) was issued by the same court on September 17, 2007; on January 14, 2010, the defendant was sentenced to a summary order of KRW 1 million for the crime of violating the Road Traffic Act (Unlicensed Driving). In light of the above facts, the defendant was sentenced to a suspended sentence of imprisonment for 4 months with prison labor for the crime of violating the Road Traffic Act (Unlicensed Driving) at the Incheon District Court's Busan District Court's Branch on June 7, 2012, each of the above suspended sentence became final and conclusive.