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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] On June 4, 2007, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Cheongju District Court, and KRW 5 million as a fine for a violation of the Road Traffic Act at the Daejeon District Court's Incheon District Court's Support on June 9, 2017.
【Criminal Facts】
1. On August 26, 2019, the Defendant was driving a C Sti-type vehicle under the influence of alcohol content of about 0.247% from the direct mountain distance in Seoan-gu, Seoan-gu, Seoan-si to the front intersection of the building B, in the direction of about 5km to a level of about 0.247%, without obtaining a driver’s license on August 17, 2019.
As a result, the Defendant, while driving without a driver's license, violated the regulations on prohibition of drinking at least twice.
2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a vehicle with C Stity.
No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.
Nevertheless, the defendant operated the car in accordance with Paragraph 1, which is not covered by mandatory insurance.
Summary of Evidence
1. The police statement of the defendant;
1. Control reports on the violation of the Road Traffic Act, field photographs, report on the situation of a drinking driver, ledger of use of a drinking measuring instrument, written appraisal of blood alcohol, notification of the results of the crackdown on drunk driving, ledger of driver's license, and mandatory insurance association;
1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (verification of punishment records for driving a motor vehicle);
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Code among concurrent crimes.