beta
Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] On September 7, 2018, the Defendant was sentenced to a fine of KRW 8 million for a violation of the Road Traffic Act (driving) at the Chungcheong District Court’s Chungcheong Branch on September 7, 2018; on January 5, 2018, the Defendant issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) and on February 15, 2007, the same court was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving). On November 16, 2004, the Defendant was sentenced to imprisonment for 6 months with prison labor and 2 years for the enforcement oil; and on September 16, 2002, a person who had been sentenced to a summary order of KRW 2 million by the same court on September 5, 201 and had been sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the same time.
【Criminal Facts】
On June 14, 2019, the Defendant, without obtaining a driver’s license at around 19:15, driving a DNA siren car at the 15m section of the road in front of the singing practice room, where the blood alcohol concentration of 0.149% was drunk.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the occurrence of a traffic accident;
1. Investigation report (report on the circumstances of an immigration driver);
1. Notification of the control of drinking driving;
1. E statements;
1. The ledger of driver's licenses;
1. Criminal records: Application of criminal records, reply reports (A), investigation reports (formerly previous records), three copies of judgments, and Acts and subordinate statutes of Part II of summary order;
1. Relevant legal provisions concerning criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (Unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. The punishment shall be imposed in consideration of the fact that there are several criminal records for driving under the influence of alcohol, the period of recidivism, the blood alcohol concentration, the records of the crime, the circumstances after the crime, and other sentencing conditions.