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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal history] The Defendant was sentenced to six months of imprisonment and two years of suspended execution due to a violation of road traffic law at the Daegu District Court on March 17, 2011, and was sentenced to eight months of imprisonment and two years of suspended execution due to the same crime in the resident support area at the Daegu District Court on August 18, 2017, and was sentenced to two years of suspended execution on August 26, 2017 and is currently under suspended execution.
[2] On September 14, 2017, the Defendant driven a CF car under the influence of alcohol leveling of about 0.127% without obtaining a driver’s license from around 550 meters to around 144, at the time of permanent stay, from the front of the “main shop on a bridge” located in 117, a CF car under the influence of alcohol leveling of about 0.127% in the blood.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Each investigation report (No. 3 and 14 No. 14);
1. Inquiries about the result of regulating drinking driving;
1. Investigative into the ledger of driver's licenses and the main office;
1. Making teas;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (No. 12 No. 5 of the evidence list);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances for sentencing) are several times, the crime of this case is a crime committed during the same period of probation, the fact that the driving level of drinking in this case is considerably high, etc., considering the circumstances unfavorable to the defendant, such as the fact that the defendant recognizes and reflects the crime, the fact that the defendant is supporting the mother of old age and is living together with the defendant, and other favorable circumstances, such as the defendant's age.