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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
On November 18, 2011, the Defendant was sentenced to four years of imprisonment due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special quasi-rape) in the Incheon District Court’s Branch Branch, and completed the execution of the sentence on August 27, 2015.
On February 25, 2017, while under the influence of alcohol 0.139% during blood transfusion, the Defendant driven the B rocketing car from around the road in front of the place in which the Sejong Sin-si Sin-si, Seosung-dong, Seosung-dong, Daejeon-dong, Cheongsung-dong, to the front road of about 50km in the direction of the branch line of the Daejeon-dong Highway without a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the situation of a driver driving, notification of the results of regulating drinking driving, the details of enforcement, and the register of driver's licenses;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (report on confirmation of the same kind of the suspect and repeated records);
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Under Article 35 of the Criminal Act, there was a risk of serious accidents due to driving on an expressway, under the influence of alcohol content of 0.139% in bloodless condition without the reason for sentencing.
The crime of this case is a repeated crime, and there is a little amount of fine of KRW 4 million which caused an accident of driving drinking once during the period of repeated crime prior to the crime of this case. The crime of this case was committed while the crime of this case was committed.
The punishment as ordered shall be determined in consideration of the driving distance, driving circumstances, circumstances after crimes, etc.