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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[criminal power] On December 16, 2016, the Defendant was issued a summary order of KRW 5 million by a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) in the official capital support of the Daejeon District Court on December 16, 2016, and a fine of KRW 7 million by the same court on November 3, 2017.
【Criminal Facts】
On October 18, 2018, at around 14:04, the Defendant driven a car at the horse b with blood alcohol concentration of about 0.149% without obtaining a driver’s license from a section of about 1km to the entrance of the Yellow River, Seosan-si, Seosan-si, Seosan-si.
Accordingly, the defendant, who has violated the prohibition of drunk driving more than twice, drives a motor vehicle under the influence of alcohol again, and simultaneously drives a motor vehicle without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Registers of driver's licenses;
1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (written confirmation reports twice the same type of power) Acts and subordinate statutes;
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. The reason for sentencing selective sentence of imprisonment with prison labor is significantly high in blood alcohol concentration at the time of committing the crime;
At the time when the defendant was punished for driving under the influence of alcohol, the defendant committed a crime without a license more than twice.
Vehicles driving by the defendant is also a vehicle used at the time of driving without a license for drinking or without a license for one year.
It is difficult to find the possibility of the defendant's minimum compliance spirit, vision, and edification.
In light of these points, the sentence of imprisonment shall be sentenced, and various kinds of sentencing shown in the records and trial process, including the background leading to the crime, the time of drinking driving, the age, character and conduct, health, occupation, etc. of the defendant.