beta
Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal power] On April 5, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the Sungnam Branch of Suwon District Court on April 5, 2010. On November 28, 2012, the Defendant was sentenced to a fine of one million and five hundred thousand won for the same crime in the same court.
【Criminal Facts】
On August 2, 2013, the Defendant, without obtaining a driver’s license on August 22, 2013, driven CCoCoC car at a section of approximately 200 meters from the Do in front of the mother station located in Sungnam-gu, Sungnam-gu and about 0.075% of alcohol concentration while under the influence of alcohol on August 22, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstantial statement of the employee;
1. Registers of driver's licenses;
1. Before and after ruling: Application of investigation reports (former and court rulings) and statutes;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant was sentenced to a fine of one million won for drunk driving in 2003; (b) a fine of two million won for a drunk driving in 2010; (c) a fine of 700,000 won for a drunk driving in 2010; (d) a fine of 1.5 million won for a drunk driving in 2012; and (e) a fine of 1.5 million won for a drunk driving in 2012; and (e) the Defendant was sentenced to a suspended sentence for six months for a drunk driving in 2013
On two months after a suspended sentence was sentenced due to a driving without a license, a drinking and a driving without a license was conducted.
In consideration of all these points, the same type as the order shall be determined.