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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On July 15, 2013, the Defendant was issued a summary order of a fine of four million won by the Seoul Northern District Court for a violation of the Road Traffic Act and a fine of four million won by the same court on March 12, 2009.
On January 5, 2014, at around 21:25, the Defendant, without obtaining a driver’s license, driven a bppon vehicle in the state of alcohol alcohol concentration of approximately 3 km from the front side of the Seoul Yung-dong, Seoul, Nowon-gu, Seoul, to the front side of the 21:40 day on the same day, while under the influence of alcohol concentration of about 0.16%.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Statement on the circumstantial statement of the employee;
1. Registers of driver's licenses;
1. Previous records: Application of inquiry statements, investigation reports, and statutes, such as criminal records;
1. Relevant Article 148-2 subparagraph 1 of Article 148-2 of the Road Traffic Act and Articles 44 (1), 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting a crime;
1. Punishment for a violation of Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. It is so decided as per Disposition on the grounds of an alternative imprisonment or heavier punishment;
The reason for sentencing is a dangerous crime that threatens a large number of unspecified people's lives and property as well as himself, and the responsibility for the crime is significant, and since the defendant drives a vehicle at a high drinking level of 0.166% without a license even though he/she was punished twice due to drinking driving, it is inevitable to punish him/her accordingly. The defendant's contact is suspended and is not present at court, and other circumstances indicated in the arguments of this case, such as the defendant's age, family relation, character and behavior, environment, history, motive for the crime of this case, circumstances leading to the crime of this case, and circumstances after the crime, etc., shall be determined by the same sentence as the order.