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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
[2] On December 7, 2006, the Defendant was issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) in the Changwon District Court’s Tong-gu District Court’s Tong-gu branch on December 7, 2006; on May 19, 201, the Defendant was sentenced to a fine of KRW 1.5 million for the same crime; on May 15, 2014, the same court issued a summary order of KRW 2 million for a violation of the Road Traffic Act (non-licenseed driving); on April 25, 2016, the Defendant was sentenced to a summary order of KRW 5 million for a violation of the Road Traffic Act (driving under drinking), and on April 19, 2017, the court was sentenced to a suspended sentence of imprisonment for August 2, 201 and the judgment became final and conclusive during the suspended execution period as of May 27, 2017.
[Criminal facts]
1. On May 19, 2018, at around 11:00, the Defendant illegally used the car amount owned by the victim without the victim’s consent at approximately 100 km in the section south of the Highway, Busan, the Haak-gun, where the driver’s seat was not corrected on the front side of an elementary school, and the car amount was temporarily used by the victim in the section of approximately 100 km to the point where the driver’s seat was installed on the front side of the elementary school.
2. On May 19, 2018, the Defendant was driving a DNA observer car under the influence of alcohol content of about 100 km from the front side of the elementary school to the point of 115 km on the Busan Highway, in the Eup/Myeon area of about 100 km from the front side of the elementary school to the point of 115 km on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. The investigation report (as regards the enforcement site and on-site photographs)
1.Notification of the results of the crackdown on driving under drinking, a statement in the circumstances of the driver under driving under the influence of alcohol;