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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On March 28, 2008, the Defendant was sentenced to a summary order of a fine of 2.5 million won for a violation of the Road Traffic Act in the Chuncheon District Court's original branch on March 28, 2008, and on September 16, 2014, the same court was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act.
On January 7, 2015, at around 23:55, the Defendant, without obtaining a driver’s license from the Do in front of the water-related ginseng collision in the driving phase of the original city, to the road in front of the stage axis in the original city. A person who violated the Road Traffic Act on at least two occasions due to a drunk driving, and once again driven a B rocketing car under the influence of alcohol concentration of 0.217%.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. The register of driver's licenses and the register of tea (B);
1. Previous records: Application of inquiry results, investigation reports (verification of the same kind of force and the facts under probation period) and Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant has been punished several times due to drunk driving, and even though he is under suspension of the execution of the same crime, he/she is also under suspension of the execution of the same crime, so it is inevitable to sentence a sentence.
In these circumstances, the sentencing conditions such as the defendant's age, character and conduct, family relationship, circumstances before and after the crime, etc. shall be equally considered and the punishment as ordered shall be determined.