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The punishment of the accused shall be determined by a year of imprisonment.
Reasons
Punishment of the crime
On November 5, 2019, the Defendant was sentenced to imprisonment for one year and two years of suspended execution with respect to the crime of violation of the Road Traffic Act in the Hongsung Branch of Daejeon District Court.
On December 1, 2019, around 14:45, the Defendant driven an E-wit truck without obtaining a driver's license in the state of alcohol concentration 0.180% while under the influence of alcohol at the same time, from the front of C in Boan-si B to the entrance of D village at the same time.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report on the actual condition of traffic accidents, notification on the control results of drinking driving, and the register of driver's licenses;
1. Previous convictions in the judgment: One copy of the judgment, one copy of the results of the search of consolidated cases, one copy of the summary order, and one copy of the criminal records, and the application of Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
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 highly necessary to eradicate drunk driving in society due to the reason and reason for sentencing; the defendant, who was sentenced to a suspended sentence of imprisonment due to drunk driving, once one month has not passed since he was sentenced to a suspended sentence of imprisonment due to drunk driving, is considered to have high risk of re-offending; and the defendant's age, family, occupation, environment, etc. shall be determined by comprehensively taking into account various factors for sentencing, including the defendant