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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[criminal history] On December 4, 2007, the Defendant was sentenced to a summary order of KRW 3 million for a violation of road traffic law (drinking on drinking), etc. on June 4, 2012, a summary order of KRW 3.5 million for a fine of KRW 3.5 million for the same crime from the common branch of the Changwon District Court on June 4, 2012, and a summary order of KRW 5 million for the same crime in the Changwon District Court on January 2, 2015, respectively. On November 1, 2016, the Defendant was sentenced to a summary order of KRW 5 million for a fine of KRW 5 million for the same crime in the Changwon District Court's Jin branch of the Changwon District Court on October 1, 2016, and the judgment was sentenced to a stay of ten
9. It is a fixed period of stay of execution.
[2] On July 23, 2017, the Defendant driven B K5 cars from around 500 meters in the section from the front day of the public announcement of the Jin Machinery, which was located 43 Doo-ro 25, Jinju City Corporation, without obtaining a driver’s license, at around 03:45, the alcohol content of which is 0.107% in alcohol during blood, to the front day of the Southern River, which is located 99 in the same Modro-ro Doo-ro.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. Inquiries about the results of crackdown on driving alcohol;
1. The driver's license ledger;
1. Investigation report (applicable three times to drinking);
1. Previous records: Application of a reply to inquiry, such as criminal records, a report on the previous records of disposition, and a report on investigation (referring to the binding of the same criminal records and the written judgments);
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;