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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On April 6, 2018, the Defendant driven DK7 automobiles under the influence of alcohol leveling 0.206% without a driver’s license at a section of about 4 km from the spoke-dong (Spo-dong) to the front road of the c cafeteria located in the same city unit B from the spoke-dong (Spo-dong) in Ansan-si (Spo-dong) to the front road of the c cafeteria located in the same city unit B.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of regulating drinking driving;
1. A paper of measurement of drinking alcohol;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 148-2 (2) 1 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 sentence of imprisonment with prison labor (Punishment prescribed for a crime of violating the Acts of transportation with heavier punishment) ;
1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Small Amount of Punishment are as follows: (a) the Defendant committed each of the instant crimes, even though he had been under the previous punishment twice a suspended sentence of imprisonment due to drinking driving or non-licenseing driving; and (b) the Defendant again committed each of the instant crimes; (c) therefore, it is inevitable to treat the Defendant inside the facility.
On the other hand, the defendant seems to be responsible for the livelihood of one family, the defendant shows his attitude to reflect his fault, and other factors of sentencing, such as the defendant's occupation and age, shall be comprehensively considered.