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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 February 2, 2009, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from a Suwon District Court’s Eunpyeong site on February 2, 2009, and on November 29, 2018, the Defendant was sentenced to a suspended sentence of two years for a year for a violation of the Road Traffic Act from the Daejeon District Court’s Incheon District Court’s Branch on November 29, 2018.
At around 17:00 on February 11, 2019, the Defendant driven DK5 vehicles under the influence of alcohol content of 0.115% while under the influence of alcohol, without obtaining a driver’s license from the Do in front of the west-gu, Chungcheongnam-gu, Seoul Metropolitan City to the roads in front of the C convenience store located in the Dong-gu, Chungcheongnam-gu, Seoul Metropolitan City.
Summary of Evidence
1. Police suspect interrogation protocol of the defendant's oral statement;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. The General of Driver's Licenses (A);
1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, court rulings, summary orders, etc.;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is not only that the defendant has been punished several times for the crime of violation of the Road Traffic Act, but also that the defendant has paid a traffic accident by drinking or driving without a license during the suspension period for the crime of violation of the Road Traffic Act, and that the blood alcohol concentration concentration in the instant case is considerably high.