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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Criminal facts
On March 15, 2017, the Defendant was sentenced to a fine of KRW 5 million for a violation of road traffic laws (drinking driving) at the Ulsan District Court on March 15, 201, and was sentenced to a fine of KRW 7 million for a violation of road traffic laws (drinking driving), etc. on October 18, 2017. On August 17, 2017, the Defendant was sentenced to a suspended sentence of KRW 4 months for a violation of the Punishment of Violences, etc. Act (drawing driving), and was sentenced to a suspended sentence of one year for a violation of the Act on Punishment of Violences, etc. (drawing driving) at the same court,
On September 24, 2017, the Defendant, while under the influence of alcohol level of 0.114% from blood alcohol level around 08:00, driven a B EX car from the front of a bus terminal located in Ulsan-gu, Ulsan-gu, Ulsan-gu, U.S., U.S. N. to the roads in front of the Marine Business Headquarters in the middle of about 100 U.S., Ulsan-gu, U.S. Marine Business Headquarters, without obtaining a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Reporting on the occurrence of a traffic accident, a report on the actual condition of the traffic accident, pictures, and making an investigation report on the actual condition;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 148-2 (2) 2, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. The circumstances favorable to the reasons for imposing a sentence of selective imprisonment: The defendant reflects on the instant crime and seems to be good in home environment: On December 13, 2016, the defendant, on July 29, 2017, when his/her driver's license was revoked on January 28, 2017, he/she conducted a driving without a license for drinking or non-license (gold seven million won) on July 29, 2017; again, on September 24, 2017, he/she again went to a short-term and repeated crime on September 24, 2017; the defendant used B XE in the name of two drinking cases; the defendant used the current suspension of the execution for violent crimes; the defendant was subject to a series of juvenile protective dispositions on September 1, 2017.