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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On April 20, 2007, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by having been sentenced to a fine of KRW 1.5 million by a fine of KRW 5 million for a violation of the Road Traffic Act at the Busan District Court's Dong Branch on April 20, 2007, and a fine of KRW 5 million by the same court on July 5, 2012.
On August 1, 2018, the Defendant driven B rocketing car with a alcohol level of 0.132% during blood without obtaining a driver's license on August 1, 2018, and proceeded with approximately 100 meters from the restaurant to the front day of the nearby Gyeongsung(Seoul) by driving the B rocketing car with a alcohol level of 0.132% during blood.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. The driver's license ledger;
1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;
1. Driving under the influence of alcohol after a violation of relevant provisions of the Act on the Traffic of Roads on the grounds of the crime: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Small Quantity, even though the Defendant had already been punished for driving three times of drinking, it is difficult to find out the situation, such as the fact that it is difficult to find out the situation and it is deemed inevitable to impose a serious punishment due to the fact that the Defendant had already been punished for driving three times of drinking, and other circumstances, etc., the sentence identical to the order shall be imposed by taking into account the following factors.