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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On September 2, 2009, the Defendant was sentenced to a fine of two million won on September 2, 2009 due to a violation of road traffic law (drinking), etc. by the Jung-gu District Court, Seoul East District Court sentenced the Defendant to a fine of eight million won. On April 17, 2014, the Seoul Eastern District Court sentenced the Defendant to a fine of eight months for a violation of road traffic law (drinking) and completed the execution of the sentence on August 14, 2014.
Criminal facts
On July 28, 2016, at around 21:56, the Defendant, without a driver’s license, driven C-do motor vehicle from the front day of the mutual influoral convenience store located in Gyeonggi-gun, which is located in Gyeonggi-gun, to the front day of the same military road, regardless of the sex, which is located in the fluoral rith of the same military.
On April 17, 2014, the Defendant was sentenced to the punishment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Eastern District Court on April 17, 2014 and completed the execution of the punishment on August 14, 2014.
Criminal facts
On July 14, 2017, without a driver's license of a motor vehicle around 16:00, the Defendant driven a clater motor vehicle from the flick road located in the Gyeonggi-si, Gyeonggi-do to the front road of the National Cancer Control Center located in the 131 Aririro, Gangdong-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of alcohol and the driver's license register;
1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current expropriation status of individuals;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes was very high to 0.361% of alcohol in blood at the time of driving of the instant drinking, and thus, the Defendant had eight-time driving of drinking, and the Defendant had five-time driving without a license.