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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On November 7, 2008, the defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Suwon District Court on 1.5 million won, 4 million won by a fine for a violation of the Road Traffic Act (free license) at the same court on 16.1. 209, 1 million won by a fine for a violation of the Road Traffic Act (free license) at the Ansan Branch of the Suwon District Court on 2. 2. 2. 2009, 1.5 million won by a fine for a violation of the Road Traffic Act (free license) at the Suwon District Court on 10. 6. 10, 201, and on 1. 17. 2012, the defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act (free license for a violation of the Road Traffic Act) at the Suwon Branch of the Suwon District Court on 17. 2012.
1. On December 4, 2012, the Defendant, without a car driver’s license, driven the Cone Star car at approximately 60km section from the construction site of the newly constructed house located in Jincheon-gun, Jincheon-gun to the front road of the Korean Bank Bhue-si, Gyeonggi-si, without a car driver’s license.
2. On December 4, 2012, at around 21:40, the Defendant, without a driver’s license, driven a vehicle at approximately six meters prior to the point of transmission of the Korean National Bank Carbon at Gyeonggi-si, while under the influence of alcohol by at least 0.136% of alcohol level without a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on actions taken against an employer, and report on the status of the employer-employed driver;
1. Report on the situation of driving without a license, and the ledger of driver's licenses;
1. Each photograph;
1. Previous convictions in judgment: Inquiry reports, investigation reports, each summary order, and application of statutes governing judgment;
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. 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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.