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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On May 30, 2007, the Defendant issued a summary order of KRW 3 million to a fine for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on May 30, 2007, and on September 2, 2010, a summary order of KRW 5 million to a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on February 13, 2013, and on February 13, 2013, the Seoul Central District Court was sentenced to a suspended sentence of KRW 1.5 million for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving) at the Seoul Central District Court on July 20, 2015, and was sentenced to a suspended sentence of KRW 1.5 million for a fine at the Seoul Central District Court on March 18, 2016.
On May 28, 2016, the Defendant, without obtaining a driver’s license at around 21:19, driven a C 3 truck at a section of approximately 100 meters from 24-ro, Gwanak-gu, Seoul Special Metropolitan City, to 7-Na-ro, Seoul Special Metropolitan City, with a 0.17% alcohol concentration while under the influence of alcohol at around 0.17%.
As a result, the Defendant, while driving without a license, has violated the prohibition of driving at the same time not less than twice, driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Registers, etc. of driver’s licenses;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (the period of suspension of execution of sentence and confirmation of the same criminal records);
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. It is so decided as per Disposition on the grounds of an alternative imprisonment or heavier punishment;