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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal history] On December 13, 201, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act at the Gwangju District Court on December 13, 201, and a fine of 3 million won for a violation of the Road Traffic Act at the Busan District Court's Net Branch on December 28, 2012, and on November 2, 2016, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act. On July 7, 2017, the said court was sentenced to a suspended sentence of 4 months for a violation of the Road Traffic Act (unlicensed Driving), and on July 15, 2017, the said suspended sentence was invalidated by the final judgment on July 15, 2017, and the period of the suspended sentence was expired on February 28, 2018, which was being executed by the Incheon District Court for opening the Road.
[2] On September 25, 2018, the Defendant was driving a C-A-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo (hereinafter “Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo]
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver;
1. The driver's license ledger;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to such previous rulings, etc.);
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small amount of punishment has the record of having been punished several times due to drinking driving, etc. even before the defendant was punished.
Nevertheless, the defendant has been engaged in driving under the influence of alcohol or without a license even during the period of repeated crime due to the same crime.
However, the defendant is wrong.