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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal power] On November 24, 2009, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on November 24, 2009. On November 10, 2010, the Defendant was sentenced to a suspended sentence of two months for a violation of the Road Traffic Act (driving). On November 10, 201, the Defendant had the record of being sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) from the same support on November 11, 201.
【Criminal Facts】
On February 24, 2013, the Defendant, while under the influence of alcohol with 0.192% of blood alcohol concentration on 12:35, 2013, driven B Poter cargo vehicles at a distance equivalent to approximately 10km from the front of the road in front of the lux village in the Gyeongnam-gun, Busan-gun, without a driver’s license, in the same case from around the cafeteria in front of the lux village in the lux.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Control note;
1. A report on detection of a host driver;
1. On-site photographs;
1. Application of statutes concerning criminal records;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and subparagraph 1 of Article 152 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 sentence of the same sentence shall be imposed in consideration of the fact that a person was sentenced to a suspended sentence of imprisonment for the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation and repeating the same crime during the suspended period, even if he was sentenced to a fine again during the suspended period, taking into account the fact that drinking and driving without a license repeats;