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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On June 17, 2011, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Road Traffic Act (unclaimed Measures) at the Gwangju District Court on November 30, 201 and completed the execution of the sentence on January 7, 2012.
In the absence of liability insurance, the Defendant, while under the influence of alcohol content 0.101%, was driven without a motor vehicle driver’s license on April 22, 2014 without a motor vehicle driver’s license, 500 c. c. 50 c. c. c. 50 c. c. c. c. c. from the front of the cafeteria-gun, Bosung-gun, Bosung-gun, a Gyeongsung-gun, to the front of the building in the same Ri.
Summary of Evidence
1. Defendant's legal statement;
1. B written statements;
1. Report on actions taken against an employer, and report on the status of an employer-employed driver;
1. Notification of detection of a two-wheeled motor vehicle not reported;
1. Registers of driver's licenses;
1. Previous convictions in a judgment: Criminal records, written judgments (No. 201No. 52), written judgments (No. 2011No893), written judgments (No. 201Do8823), application of statutes concerning the current status of water saving and confinement of individuals;
1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);
1. Selection of each sentence of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 20