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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal history] On November 11, 2013, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court, and on March 26, 2014, issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Busan District Court. On September 5, 2017, the Defendant was issued a summary order of KRW 7 million for a crime of violating the Road Traffic Act at the Busan District Court.
[Criminal facts]
1. On January 11, 2018, the Defendant driving a motor vehicle without a driver’s license in the section of approximately 1km for about 0.113% alcohol level in the direction of the Korean bank located in the center of Busan-gu and about 32 in Busan-gu, Busan-do at around 01:05, the Defendant driven a motor vehicle with Cop-di, without obtaining a driver’s license, while under the influence of alcohol leveling about 0.13% in the direction of the Korean bank located in the center of Busan-gu, Busan-gu.
Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.
2. The Defendant is a person who is engaged in driving a vehicle C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the violation of the Road Traffic Act (or the injury).
On January 11, 2018, the Defendant, as described in paragraph (1) around 01:05, driven a motor vehicle with alcohol level of 0.113% in the blood, without obtaining a driver's license, and driven a motor vehicle with the above Awdidi, and led to the speed of about 30 km in the direction of the road front of the E restaurant located in Busan Jin-gu, Busan in order to avoid the crackdown on drinking.
However, in this case, the driver of the vehicle has a duty of care to observe the driving line and to properly manipulate the steering and the right and the right and the right of the vehicle and to prevent the accident by accurately manipulating the steering and the steering system.
Nevertheless, the defendant is drunk.