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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On April 30, 2015, the Defendant received a summary order of a fine of up to three million won due to a violation of road traffic law (drinking) in the leisure support of a water source method source on April 30, 2015, and on February 5, 2016, the Defendant received a summary order of up to four million won due to a violation of road traffic law (drinking) in the leisure support of a water source method center.
On April 22, 2018, the Defendant driven a B-car under the influence of alcohol content 0.224% while under the influence of alcohol content 0.24%, without obtaining a driver’s license for a vehicle from the front side of the Goyang-gu Seoul Special Metropolitan City, Nowon-gu, to the Southern-si, the Southern-si, the Southern-si, the 798 B-car.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. The reason for sentencing selection of the sentence of imprisonment with prison labor is a means of transportation convenient, but since it is a dangerous article that can change to a dangerous weapon, a person who operates an automobile has a duty to obtain a license and operate an automobile with due care in normal conditions;
In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due care and physical exercise has been significantly deteriorated, and it is highly likely to cause serious harm to unspecified persons.
In the instant case, the Defendant driven a motor vehicle without obtaining a license in the state of driving the motor vehicle, and the blood alcohol concentration is very high to 0.224%, and the risk of the occurrence of the traffic accident was also high accordingly.
It is judged that the illegality of crime is high.
In addition, the defendant.