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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On December 12, 2012, the Defendant additionally stated the criminal records omitted from the charge of fine of KRW 2 million due to the violation of the Road Traffic Act (driving) at the Suwon District Court on December 12, 2012.
On March 28, 2017, the same court issued a summary order of KRW 4 million for the same offense, etc., and on September 12, 2018, the same court was sentenced to two years of imprisonment for the same offense, etc. and on September 20, 2018, the said judgment becomes final and conclusive and conclusive on September 20, and is currently under probation.
On March 11, 2019, the Defendant, as a person who violated the provision on the prohibition of drunk driving twice or more again, driven a C rocketing vehicle in the name of the Defendant in the direction of “Songpo-gu B, Young-gu, Suwon-si,” with approximately 10 km away from the front of “Songpo-gu, Young-si, Young-si, Young-si, Young-si, Young-si, Young-si, the Defendant was under the influence of 0.0% alcohol concentration without a vehicle driver’s license.”
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Registers of driver's licenses, and car4;
1. Previous convictions in judgment: Criminal records and a copy of each written judgment, including the application of Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The reasons for sentencing under Articles 53 and 55(1)3 (see, e.g., factors favorable to sentencing) of the Criminal Act for discretionary mitigation have been subject to a fine twice due to drunk driving, etc., as stated in the previous conviction in the judgment. In 2018, the Defendant was subject to a suspended sentence.
Nevertheless, the defendant is running under the influence of alcohol again before the period of the same suspension of execution expires, and even after the revocation of the license in 2009, the defendant repeats without obtaining the license.
The previous convictions such as drinking and driving under the influence of alcohol are different from driving without the license.