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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
On December 28, 2016, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on December 28, 2016, and was sentenced to a suspended sentence of KRW 5 million for a crime of violating the Road Traffic Act at the Seoul Western District Court on November 30, 2017, and was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act at the Seoul Western District Court on November 30, 2017, and the said judgment became final and conclusive
1. On December 18, 2017, the Defendant was under the influence of alcohol leveling 0.164% from blood alcohol leveling around 23:50 on December 18, 2017, the Defendant driven Ci30 vehicles from the 1km section from the roads adjacent to the digital short area in Guro-gu, Seoul to the front road in Geumcheon-gu, Seoul to the front road.
As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and once again driven a motor vehicle under the influence of alcohol.
2. The Defendant, at the above date and place, driven the said i30 vehicle without obtaining a driver’s license.
Summary of Evidence
1. The defendant's legal statement; 1. A written statement of a drinking driver, a written statement of a police officer called to the scene, a statement of the situation of a driver driving at the scene, and a report on the detection of a driver at the State;
1. The driver's license ledger;
1. Reports on traffic accidents, reports on the occurrence of traffic accidents, and written statements on the occurrence of traffic accidents;
1. Blucs cambling video CDs, photographs;
1. Previous convictions: References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (verification of the same criminal history of suspect
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. Crimes provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrences and the choice of punishment (the punishment provided for in a crime of violating the Road Traffic Act which has higher punishment and the choice of imprisonment);
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the selection of punishment and the mitigation of amount) are as follows: (a) driving under the influence of alcohol is deemed to constitute a traffic accident; and (b) other persons are allowed to engage in a traffic accident.