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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On February 11, 2011, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on February 11, 201, and a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the port branch of the Daegu District Court on February 13, 2015, respectively. On April 26, 2017, the Defendant was sentenced to a suspended sentence of KRW 6 months for a crime of violating the Road Traffic Act.
On July 2, 2017, the Defendant driven D K7 car under the influence of alcohol concentration of about 0.184% without the driver’s license in the 12km section of approximately 12 km from the Sinsi, Singu, Singu, Singu, 16:00, to the front of the 1200 GIC intersection.
Summary of Evidence
1. Statement by the defendant in court;
1. The driver's license ledger;
1. Report on the circumstances of driving without a license;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, (A), report on investigation (verification of the same criminal history as the suspect), and application of the text of the judgment;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of alternative imprisonment with prison labor (the sentence is inevitable when considering the fact that the sentence is in the period of suspension of execution for the same type of crime, the fact that the crime is committed again, the fact that the blood alcohol concentration is higher, the driving distance, etc.);
1. It is so decided as per Disposition for the reasons above Article 53 and Article 55(1)3 (see, e.g., Supreme Court Decision) of the Criminal Act for mitigation of quantity;