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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On June 12, 2014, the Defendant is a person who violated the provisions on prohibition of driving under drinking, such as a summary order of KRW 1,50,000,000 for a fine for a crime of violating the Road Traffic Act at the Jeju District Court on June 12, 201, and a summary order of KRW 5 million for the same crime at the same court on November 20, 2015.
On November 24, 2017, around 03:11, 2017, the Defendant driven a C Ttiball car in the state of alcohol concentration of about 0.108% in blood without a driver’s license from the bar bar in the Nam-gu Seoul Special Self-Governing Province of Jeju to the front road of the 990 Taewon-si in the same city.
Summary of Evidence
1. Statement by the defendant in court;
1. An accident scene photograph;
1. The driver's license ledger;
1. Written statements of D;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. Notification of the results of regulating drinking driving;
1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report;
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);
1. Selection of imprisonment with prison labor chosen;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the record that the Defendant committed a crime of violation of the Road Traffic Act ( drinking), around March 2014, around August 2015, and around June 2016, and again committed the instant crime around November 2017.
The alcohol concentration in the blood of this case is not low.
In addition, the punishment as ordered shall be determined in consideration of all the sentencing conditions specified in the pleadings of the instant case, such as the age, sex, environment, background, means and result of the instant case, and the circumstances after the crime.