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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Criminal Power] On December 26, 2006, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 700,000 as a crime of violating the Road Traffic Act (driving) in the Changwon District Court’s branch on December 26, 2006. On May 13, 2013, the same court was sentenced to imprisonment for a violation of the Road Traffic Act (driving)
【Criminal Facts】
On December 15, 2018, at around 21:29, the Defendant driven an E-5 vehicle without obtaining a driver’s license in the state of alcohol alcohol concentration of approximately 0.106% from the front of the Defendant’s residence in C, to the front of the “D” road located in Gangseo-gu Busan Metropolitan City.
In this respect, the defendant was punished for drunk driving more than twice, but he was under drinking and without a license.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Notification of the control of drinking driving;
1. Registers of driver's licenses;
1. Investigation report (report on the circumstances of an immigration driver);
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 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. On December 26, 2006, the Defendant was sentenced to a fine of KRW 700,000 for a crime of violation of the Road Traffic Act in the Changwon District Court’s Tongwon District Court’s branch branch on May 13, 2013. On May 3, 2013, the Defendant was sentenced to a fine of KRW 7 million for the same crime. On July 31, 2018, at the Changwon District Court’s branch branch branch, the Defendant was sentenced to a fine of KRW 3 million for a crime of violation of the Road Traffic Act.
In addition, in the Changwon District Court on September 4, 2009, the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) is punished by a fine of KRW 5 million and the Changwon District Court's branch support.