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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
[2019Kadan630] On October 1, 2008, the Defendant was sentenced to a fine of KRW 3 million for the violation of the Road Traffic Act (driving) in the Gwangju District Court’s Netcheon Branch on October 1, 2008. On January 6, 2009, the Defendant was sentenced to a summary order of KRW 3 million for the same crime, etc. from the Gwangju District Court’s Branch Promotion Support, and was sentenced to a fine of KRW 5 million for the same crime at the Gwangju District Court on August 10, 2017.
On January 21, 2019, the Defendant, while under the influence of alcohol by 0.118% without a car driver’s license, driven an Estststa car from around 5km to the front of the D convenience store located in Gwangju Northern-gu, Gwangju, without a car driver’s license, at approximately 0.118%.
[2019 Highest 719] On October 1, 2008, the Defendant was sentenced to a fine of KRW 3 million for the violation of the Road Traffic Act in the Gwangju District Court’s Netcheon Branch on October 1, 2008. On January 6, 2009, the Defendant was sentenced to a summary order of KRW 3 million for the same crime, etc. from the Gwangju District Court’s Seoul District Court’s interest support, and was sentenced to a fine of KRW 5 million for the same crime at the Gwangju District Court on August 10, 2017.
On January 19, 2019, at around 21:15, the Defendant driven an E rocketing car under the influence of alcohol leveling 0.120% of alcohol level without obtaining a driver’s license for approximately 4km section from the Gullim Child Park near the Yandong of Gwangju, to the same Gu Fung-dong road.
Summary of Evidence
[2019 Highest 630]
1. Defendant's legal statement;
1. A report on the detection of a host;
1. The driver's license ledger;
1. A previous conviction in judgment: A written reply to inquiry, such as criminal records (2019 high-end719);
1. Defendant's legal statement;
1. Notification of the results of crackdown on drinking driving;
1. Registers of driver's licenses;
1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal records, investigation report [including the judgment and summary order attached thereto] statute;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of sound driving) concerning the facts constituting an offense, and subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Road Traffic Act (the point of driving without a license).