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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal power] On May 29, 2013, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) at the Jeonju District Court on May 29, 2013; on August 16, 2013, the same court issued a summary order of a fine of four million won for the same crime; and on October 8, 2014, the same court was sentenced to a suspension of six months of imprisonment for a violation of the Road Traffic Act (Free Driver) and the judgment became final and conclusive on October 16, 2014.
【Criminal Facts】
On September 23, 2014, at around 01:20, the Defendant, without a driver’s license, driven a c-wing and solid freight vehicle from a sand-in bridge located in the Jeonjin-gu Seoul metropolitan area, Jinjin-gu, Jinjin-gu, and located in the 383 U.S. calculated the same Gu, while under the influence of alcohol by 0.10%.
Summary of Evidence
1. Defendant's legal statement;
1. The suspect driver's license register;
1. Notification of the control of drinking driving;
1. The circumstantial statement of the employee;
1. Records before judgment: Application of inquiry reports and investigation reports (a copy of judgment attached) including criminal records, etc.;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 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 latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;
1. Although the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has a record of having been sentenced several times as the same crime, the crime of this case has been committed. In particular, since the crime of this case was committed by the defendant at night, as he was sentenced to a suspended sentence due to the crime of larceny at night, and has not been aware of it during the suspended sentence period, and is highly likely to be subject to criticism against the defendant, the defendant shall be sentenced to the punishment, but the crime of violation of the Road Traffic Act (unlicensed) which has become final and conclusive.