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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
[criminal power] On December 11, 2007, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 700,000 for a violation of the Road Traffic Act in the Gun mountain support of the Jeonju District Court on December 11, 2007; on October 6, 201, a summary order of KRW 2 million to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) from the Gun mountain support of the Jeonju District Court on July 18, 2012; on May 9, 2014, the Defendant was sentenced to a summary order of KRW 2 million to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court on January 9, 2018; and on January 18, 2018, the judgment of probation becomes final and conclusive as of the date of suspension of execution.
【Criminal Facts】
On February 3, 2019, at around 02:40, the Defendant driven a FMW car without obtaining a driver's license in the state of alcohol alcohol concentration of about 0.169% in the 2km section from the roads around 02:40 to the front of E in the same city as D.
As a result, the defendant, who violated the prohibition on drinking at least twice, drives a motor vehicle under the influence of alcohol in violation of the above provision, and simultaneously drives a motor vehicle without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, investigation report, notification on the control results of drinking driving, and the register of driver's licenses;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (former records, summary orders, and attachment of judgment), application of summary order and copies of judgment Acts and subordinate statutes;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 2011; Act No. 15530, Mar. 27, 2018; Act No. 15530, Mar. 27, 201); Article 152 subparag. 1 of the Road Traffic Act concerning criminal facts.