beta
Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] On June 26, 2014, the Defendant was sentenced to four months of imprisonment for a violation of the Road Traffic Act (driving) in the Jinwon District Court’s Jinju branch on the grounds of the violation of the Road Traffic Act, and the execution of the sentence was terminated on January 20, 2015, and on December 23, 2015, the Defendant was issued a summary order of KRW 5 million at the Ulsan District Court to a fine for a violation of the Road Traffic Act at the Ulsan District Court on December 23, 2015, and was subject to five times of criminal punishment for a drunk driving.
【Criminal Facts】
On June 11, 2017, the Defendant, without obtaining a driver’s license at around 01:45, driven a B-learning car from the front of a bus terminal in the city in the city of Sacheon-si, Sacheon-si with a blood alcohol content of 0.192%, to the first road in Jinju-si.
As a result, the Defendant, while driving a vehicle without obtaining a driver's license, was prohibited from driving the vehicle while under the influence of alcohol more than twice, violated it and again driving the vehicle under the influence of alcohol.
Summary of Evidence
1. A protocol concerning the police interrogation of the accused;
1. Registers of driver's licenses;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Control photographs;
1. Previous records: Criminal records and other inquiry reports, each summary order, judgment, and application of Acts and subordinate statutes to the status of confinement of individuals;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting a crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders - Breach of the nature of the crime, repeated crimes of the same kind, and repetition of the crimes;