Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal history] On October 14, 2013, the Defendant was notified of a summary order of a fine of 2.5 million won at the Changwon District Court for a crime of violating road traffic law. On May 18, 2017, the Defendant was sentenced to a suspended sentence of 2.5 million won in imprisonment with prison labor for the same crime, etc. on May 18, 2017, and was sentenced to a suspended sentence of 2 years in June, 2017, and the said judgment became final and conclusive on May 26, 2017.
[Criminal facts]
1. On August 22, 2017, the Defendant violated the Road Traffic Act (divated driving) and the Road Traffic Act (divated driving) driving a G Mart car at a distance of about 3km from the road before the due date of the Epic house located in D to the front road of the Defendant’s residence located in the same city F, without obtaining a driver’s license on around 0:50 on August 22, 2017, and under the influence of alcohol content 0.170% during blood.
2. The Defendant violated the Road Traffic Act (unnecessary Measures after Accidents) was driving the said car at the border of the above paragraph 1 on the day, and the road in front of the mountain village apartment in the Hayang-Eup fishery Ri was under the fishery gas protection area from the side of the Agricultural Cooperative of Fisheries, the Defendant escaped without taking any measure, even though the part of the back part of the I-learning passenger car, which was parked on the left side of the road, was moved to the front part of the driver's seat in front of the driver's seat of the Defendant, and thereby damaged the repair cost of the damaged person's vehicle at the market level.
Summary of Evidence
1. Statement by the defendant in court;
1. One motor vehicle accident report, two motor vehicle accident reports;
1. On-site photographs;
1. The driver's license ledger;
1. Notice of the result of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment attached thereto);
1. Article 148-2(1)1, Article 44(1) of the Road Traffic Act (the point of drinking), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense, and Articles 148, 54(1) (the traffic accident) of the Road Traffic Act (the traffic accident.