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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On June 11, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle at around 03:00, driven a Cknif vehicle at approximately 21 km from the road front of the 11148 Ginam-gu, Sungnam-gu, Sungnam-gu to the 168 degree of alcohol content while under the influence of 0.098% of alcohol during blood.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes, such as field photographs;
1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Reasons for imposing selective sentence of imprisonment - favorable circumstances: The defendant's mistake is recognized; the defendant was sentenced to one year of suspended sentence on November 2016 due to driving without a license on the part of the defendant; the defendant repeated the same crime during the suspended sentence period; and the defendant has the record of being punished for the same crime, such as being punished for each fine due to driving without a license on the part of 2008 in 2015;