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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
On August 18, 2015, the defendant is a person who is under probation after being sentenced to imprisonment for six months and two years of probation for the violation of Road Traffic Act (unlicensed Driving) in the Jeonju District Court's Eup branch office.
On January 4, 2016, under the influence of alcohol level of 0.061% in blood without obtaining a driver's license of a motor vehicle around 18:38, the Defendant driven B car at the section of approximately 3 km from the front side of the Yansan-gu, Seoul Special Metropolitan City to the front side of the cafeteria cafeteria cafeteria 173 at the same time as the same enzym.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of alcohol, a report on the circumstances of the driver of a drinking alcohol, the appearance, uniforms, language, the result of attitude, and the ledger of the user of a drinking measuring instrument;
1. The driver's license ledger;
1. Previous conviction: Application of a written inquiry, such as inquiry about criminal history, and other Acts and subordinate statutes;
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. Since 2000, the Defendant had a record of being subject to criminal punishment on three occasions due to drinking driving, and five times due to non-licenseing driving, and the Defendant again committed the instant crime, even though he was sentenced to a suspended sentence for the same crime as before the judgment, and was sentenced to a suspended sentence for several months and was still sentenced to a suspended sentence.
Therefore, even when considering the favorable circumstances for the defendant such as the fact that the defendant has a family member to support the defendant such as the old and minor child, and that the defendant seriously reflects the defendant's wrong, it is inevitable to sentence the defendant to a certain period of time
In addition, the sentencing conditions, such as the age, sex, environment, etc. of the defendant, shall be comprehensively determined as per the disposition.