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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 May 13, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court on May 13, 2008; on December 13, 2012, the same court issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving), and on April 11, 201, the same court issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act. On April 11, 2014, the Defendant was sentenced to imprisonment with labor for one year for a crime of violating the Road Traffic Act (driving) and one-year suspension of execution.
On October 30, 2016, at around 21:31, the Defendant driven a C SP car without a driver's license while under the influence of alcohol concentration of about 3 km in the section of approximately 0.080% in blood from the road in Gwangjin-gu Seoul Special Metropolitan City to the road in front of 28, the same Gu.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;
1. The driver's license ledger;
1. References to inquiries, such as criminal history, reports on investigation (verification of the same criminal record as the suspect), text of judgment, and application of summary order statutes;
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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The Defendant, who has been sentenced to a suspended sentence of two years for a year due to a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes (i.e., the occurrence of an accident in which he/she drives alcohol without a license while driving alcohol for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, was sentenced to a fine of three times only, and a fine of one time only by driving without a license. In 2014, the Defendant, who has been sentenced to a suspended sentence of two years for a year, has repeated the driving without a license, despite the repeated punishment, is not sentenced to a punishment.
However, it is not significantly high alcohol concentration in blood, but is not.