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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal history] On January 29, 2014, the Defendant was sentenced to 6 months of imprisonment with labor for a violation of the Road Traffic Act and a violation of the Road Traffic Act (licenseless Driving), 2 years of suspension of execution, on April 24, 2009, the above court issued a summary order of 1,500,000 won of fine for a violation of the Road Traffic Act (driving Driving) in the above court on July 18, 2008, and issued a summary order of 1 million won of fine for the same crime at the above court on July 18, 2008, and the driving power is 4 times in total and 4 times in total.
[Criminal facts] On August 18, 2017, the Defendant driven a B-Tech car under the influence of alcohol content of 0.173% while under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license, from a section of about 1km from the front of the net bus terminal located in the Ycheon-si, Macheon-si to the front of the same road located in the outer Dong of the same city to the Sungdong road in the same city.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Inquiry about criminal history, application of a sentence 1 of judgment, and application of Acts and subordinate statutes of Part VI of summary order;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The punishment is determined as ordered by comprehensively taking into account the following circumstances: (a) the Defendant’s reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, including the period of suspended sentence, has many criminal records of the same kind; (b) the amount of alcohol concentration in blood is high; and (c) the Defendant reflects the Defendant; and (d) the Defendant’s age, sexual behavior, family relationship, environment, circumstances and result of the crime; and (c) the circumstances after the crime.