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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[2016 Highest 308]
1. On September 27, 2012, the Defendant was sentenced to a fine of KRW 6 million for a violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court on September 27, 2012, and was sentenced to a fine of KRW 7 million by the same court on June 11, 2013.
On September 16:45, 2015, the Defendant driven Cone Star Coke in the state of alcohol alcohol concentration of approximately 0.185% at the section of approximately 1.8km from the road near 81 (Songdong, Cheongdo 2 apartment) to the parking lot of the same Sinyang-ro 14-17 (Songyang-dong, Cheongyang apartment 3).
As above, the Defendant, who was punished for a violation of the Road Traffic Act at least twice, was driving a motor vehicle under the influence of alcohol again.
2. On March 23, 2016, the Defendant, at around 81, 201, driven the Cone Star Co., Ltd without obtaining a driver’s license in the section of about 1.5 km from around 16:35, 2016, to around 97, such as the roads near the 81 (Jakdong and Cuba apartment) Si roads.
[2016고단879호] 피고인은 2016. 5. 26. 19:20경 삼척시 남양길 14-17 동화3차아파트 앞 도로에서부터 삼척시 남양길 14-4 펑펑청과 앞 도로에 이르기까지 약 1km 구간에서 자동차운전면허를 받지 아니하고 C 스타렉스 승합차를 운전하였다.
Summary of Evidence
[2016 Highest 308]
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;
1. Registers of driver's licenses;
1. Other relevant photographs;
1. A previous record of judgment: A inquiry report and investigation report, such as a criminal history, etc. (limited to the same type of power);
1. Defendant's legal statement;
1. Report on the circumstances of unregistered driving and application of the Act and subordinate statutes to the ledger of driver's licenses;
1. Violation of the corresponding provision of the Road Traffic Act and the judgment of the choice of punishment for the crime: Articles 148-2 (1) 1 and 44 of the Road Traffic Act;