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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal history] On December 16, 2011, the Defendant was sentenced to a suspended sentence of six months at the Changwon District Court for a violation of the Road Traffic Act and a violation of the Road Traffic Act (licenseless Driving). On March 29, 2016, the Defendant was sentenced to a suspended sentence of two years for a year.
[2] On February 9, 2017, around 23:08, the Defendant driven a motor vehicle without a driver’s license in the state of alcohol alcohol concentration of approximately 0.145% at approximately 66m from the 52-12-dong, Changwon-si, Changwon-si to the 3/15-dong, Changwon-si, Mawon-si, Mawon-si, Mawon-si, Mawon-si, Mawon-si, to the 667 Kim and front road.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the circumstances of a driver who is placed in driving, report on the circumstances of a driver who is placed in driving, inquiry into the results of crackdown on the driving of drinking, and the register of
1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a copy of the judgment of the case, such as driving of the suspect under drinking);
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 imprisonment with prison labor chosen;
1. The sentencing conditions under Articles 53 and 55(1)3 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, shall be determined as ordered by taking into account the following circumstances, and other factors, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime.
On March 29, 2016, the court was sentenced to a suspended sentence of two years on April 6, 2016 due to a violation of the Special Act on the Settlement of Traffic Accidents and a violation of the Road Traffic Act (drinking) and was sentenced to a suspended sentence of two years on March 29, 2016. In addition, the above judgment became final and conclusive on April 6, 2016, and committed the instant crime even during the suspended sentence.
The favorable circumstances reflects the crime of this case.