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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On September 25, 2008, the Defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court of the Republic of Korea on September 25, 2008, sentenced to a fine of 3.5 million won for the same crime, etc. at the Seoul East District Court on April 7, 2010, and was sentenced to a fine of 3.5 million won for the same crime, etc. at the Seoul East District Court on December 28, 2012 at the Seoul High Court on December 28, 2012 and was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic
On February 22, 2013, at around 23:23:23, the Defendant driven C rocketing car with the blood alcohol concentration of at least 0.050% without obtaining a driver’s license from the French-gu, Seoul to the 30nd road in Gwangjin-gu, Seoul Special Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, drinking-free driving, confirmation cards, management of inquiry about the records of drinking-free driving, the register of driver's licenses, investigation reports (Attachment of business guidelines for the correction of drinking-free measuring instruments, etc.), guidelines for the correction of drinking-free measuring instruments;
1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of each statute of a judgment;
1. Article applicable to criminal facts;
(a) point of drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;
(b) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., taking into account the circumstances favorable to the defendant among the reasons for sentencing) is that the defendant reflects his/her mistake in depth, the blood alcohol content at the time of measurement is lower than 0.05%, the defendant's distance from drinking, driving without a license is considerably short, and the defendant has a delay disorder, etc. favorable to the defendant.
However, the defendant is judged.