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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On March 14, 2014, the Defendant received a summary order of KRW 4 million from the Incheon District Court to a fine of KRW 3 million for a crime of violation of the Road Traffic Act, and a summary order of KRW 5 million from the Incheon District Court to a fine of KRW 3 million on November 3, 2014 to the same crime.
On December 07, 2014, at around 00:45, the Defendant driven a B rolling stock without obtaining a driver’s license in a state of alcohol alcohol concentration of about 500 meters from approximately 500 meters to the road in the city of Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving without a license, report on the situation of driving without a license, inquiry into the driver's license, and inquiry into the results of the regulation of drinking driving;
1. Previous records of judgment: Application of criminal records and investigation reports, and Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, the selection of imprisonment with prison labor;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. In light of the fact that the instant crime was committed even if two times or a fine was imposed for drunk driving only in 2014 for the reason of sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation, it is inevitable to sentence the Defendant to the punishment, in view of the fact that the instant crime was committed, the blood alcohol concentration is high, and the nature of the crime is not good.
Provided, That it shall be decided as per the disposition in consideration of the overall circumstances, such as the confession of the crime and the reflection thereof, and the fact that there is no record of punishment exceeding the fine.