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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On October 19, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle at around 22:18, 2016. On the D convenience shop located in Daegu-gu, the Defendant was driving a motor vehicle without the driver’s license of a motor vehicle. While driving the motor vehicle at front of the D convenience shop in Daegu-gu, Daegu-gu, without accurately operating the equipment due to the influence of drinking, due to occupational negligence attributable to the victim F, who was waiting at the rear of the said motor vehicle without the driver’s license, caused the Defendant to take back the front part of the said motor vehicle without the driver’s license of the said motor vehicle and damaged the said motor vehicle with the repair cost of KRW 1,982,264, such as the “FF C Exchange,” and at around 22:50 on the same day, the Defendant did not comply with the request of the police officer with the aforementioned request of the police officer for drinking alcohol during a period of 30 minutes under his/her jurisdiction without reasonable grounds to recognize it.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. The circumstantial statement of the employee;
1. Registers of driver's licenses;
1. Application of the written estimate for motor vehicle inspection and maintenance;
1. Relevant provisions of Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act (the refusal of the measurement of noise, the choice of imprisonment), subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 151 of the Road Traffic Act (the choice of imprisonment), Article 151 of the Road Traffic Act concerning criminal facts;
1. From among concurrent crimes, there is a record of criminal punishment several times, such as being sentenced to a stay of execution of imprisonment on three occasions due to the reason for the punishment under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act or without a license, among concurrent crimes, and in particular, on July 15, 2016, the court has been sentenced to a stay of one-year imprisonment for a violation of the Road Traffic Act.