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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On May 1, 2007, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Incheon District Court, and on September 17, 2008, the Defendant issued a summary order of KRW 1.5 million to a fine for the same crime in Ansan Branch Branch of Suwon District Court on September 17, 2008, and on March 5, 2012, the Defendant issued a summary order of KRW 5 million to a fine for the same crime at the Sungwon Branch Branch Branch Branch of Suwon District Court on March 5, 2012, and on December 7, 2012, the Defendant issued a summary order of KRW 5 million to a fine for a violation of the Road Traffic Act at the Busan District Court Branch of Incheon District Court on December 15, 2012, which became final and conclusive on December 15, 2012.
2. Around 00:50 on January 1, 2014, the Defendant was driving a Bcoon with a blood alcohol content of 0.112% under the influence of alcohol without obtaining a driver’s license from a place where the location located in the Gwanak-gu Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Do 17.3km at around 15km-dong Incheon Special Metropolitan City Highway.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving without a license, and report on the situation of operating without a license;
1. Reading the register of driver's licenses and the results of the control of drinking driving;
1. Previous records: Criminal records, investigation reports (Attachment to attached records, etc. of the same kind of judgment), and application of respective statutes of the judgment;
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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
1. The Defendant had a record of having been punished several times due to drinking driving, even though he/she was under the period of probation, and cannot again be sentenced to imprisonment for the Defendant by again committing the instant crime, even though he/she was under the period of probation.