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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
On September 1, 2004, the Defendant issued a summary order of KRW 2.5 million for a fine of KRW 2,50,000 for a crime of violating the Road Traffic Act at the Jeonju District Court’s Eup branch, on April 21, 2014, a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking) at the same court on April 21, 2014, and on June 20, the same court issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking) at the same court on June 20, 206, and on August 25, 2016, the Defendant was sentenced to imprisonment for one year and a suspended sentence of three years for a crime of violating the Road Traffic Act (drinking).
On April 28, 2017, at around 22:35, the Defendant driven a Cschton car under the influence of alcohol content of about 0.124% without obtaining a driver’s license from about 15km section from the front of the influence restaurant located in the sex of the Go Chang-gun in North Chang-gun, the same military branch to the front road of the same 36km-ro, Chang Chang-gu, Chang-gu, Seoul.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Inquiry into the partnership of the main office;
1. Application of replys to inquiries, such as criminal history, investigation reports (the same type of previous conviction and confirmation), and statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; 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 Competition;
1. The Defendant had a record of having been subject to punishment several times due to drinking driving, etc., such as the Defendant’s timing to commit a crime and reflects wrongness, etc., and the Defendant committed the instant crime again due to the suspension of the execution of imprisonment for a limited period of time, and the Defendant’s wrong consciousness and habits related to driving.