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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
【Criminal Power】 On January 28, 201, the Defendant was sentenced to a summary order of 2.5 million won by the Jeonju District Court for a violation of the Road Traffic Act, and on September 25, 2013, the Defendant was sentenced to a suspended sentence for six months by imprisonment with prison labor for a violation of the Road Traffic Act at the Jeonju District Court.
【Criminal Facts】
1. On May 23, 2014, the Defendant, at around 20:30, driven a Category C rocketing car without a vehicle driver’s license on the front of the 109-dong, Songcheon-gu, Seojin-gu, Seocheon-gu, Seocheon-gu, Seojin-gu, Jeoncheon-gu, Jeoncheon-gu, Seoul, with the “Sacheon-gu, Seocheon-gu, Seocheon-gu” road in front of the restaurant parking lot.
2. Around 23:00 on the same day as indicated in the preceding paragraph, the Defendant driving the said vehicle at a volume of approximately one meter per blood alcohol level while under the influence of alcohol by about 0.226% at a restaurant parking lot for “heat”.
Summary of Evidence
1. Defendant's legal statement;
1. Registers of driver's licenses;
1. A report on detection of a host driver;
1. The circumstantial statement of the employee;
1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;
1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of without a license) and the choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has the history of having been already punished twice due to drunk driving. In particular, the crime of this case was sentenced to suspended sentence for the crime of violation of the Road Traffic Act (hereinafter referred to as "driving"), and the crime of this case was committed during the grace period. In light of the fact that the nature of the crime of this case and the level of taking driving under the influence of alcohol is very high, the punishment is sentenced, and the defendant is led to the confession of the crime of this case.