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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On January 9, 2014, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) from the Changwon District Court on January 9, 201, and the summary order of KRW 1.5 million for the same crime in the same court on May 29, 2014.
From February 7, 2017, Defendant 1 violated the provision prohibiting drinking twice or more, Defendant 2 driven CW motor vehicle under the influence of alcohol concentration of 0.052% in alcohol without a driver’s license, from around approximately 21km to around 21km in the head of Sacheon-gu, Sacheon-si, Sacheon-gu, Sacheon-gu, Sacheon-do, to around 06:10 on February 7, 2017.
Defendant 2, “2017 Highest 414,” who violated the foregoing provision on prohibition of drinking twice or more, was driving a CMW motor vehicle that was not covered by mandatory insurance without obtaining a driver’s license in the state of alcohol concentration of approximately 0.197% in the blood, at the front of the D Building in Jinnam-si, Seoul Special Metropolitan City, around 00:45 on May 22, 2017.
Summary of Evidence
"2017 Highest 101"
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;
1. The driver's license ledger;
1. Previous convictions: References about criminal history and investigation reports (a copy of a summary order). "414 highest order";
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. The driver's license ledger;
1. Inquiry into mandatory insurance;
1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes to investigation reports (former rulings, etc.);
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act concerning the facts constituting an offense;
1.Articles 40 and 50 of the Criminal Code of Trade and Trade (each sentence shall be imposed).