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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
[criminal power] On August 11, 2006, the defendant issued a summary order of KRW 3.5 million to the Changwon District Court for a fine of KRW 1 million for a violation of the Road Traffic Act, KRW 3 million for a violation of the Road Traffic Act (driving), or KRW 3.5 million for a violation of the Road Traffic Act on November 24, 2006 at the same court on April 18, 201, and the same court issued a summary order of KRW 3.5 million for a violation of the Road Traffic Act (driving). On November 29, 2013, the defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (driving), and on February 17, 2016, the same court sentenced the imprisonment of KRW 6 months for a violation of the Road Traffic Act (recognition of drinking), which was sentenced to imprisonment for a violation of the Road Traffic Act (recognition of drinking) on January 10, 2019.
【Criminal Facts】
1. On October 20, 2019, the Defendant driving a f-wing vehicle in approximately 100 meters from the front of the road located in Kim Sea-si B to the front of the road located in D, while under the influence of alcohol at least 0.174% of the blood alcohol level, without obtaining a driving license around 21:20 on October 20, 2019.
As a result, the Defendant driven a motor vehicle without a driver's license and violated the prohibition of drinking at the same time more than twice.
2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as the holder of the cargo vehicle mentioned in paragraph (1), operated the said cargo vehicle which was not covered by mandatory insurance at the time and place specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Investigation report (Report on the status of an employee);
1. License register;
1. Mandatory insurance policies;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) and Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1), Article 44 (1) and (2) of the Road Traffic Act (the point of sound driving) concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of without a license) concerning criminal facts;