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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal history] On April 11, 2007, the Defendant issued a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act (drinking driving) at the Busan District Court on May 21, 2008, a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act (drinking driving) at the Busan District Court on May 21, 2008, and on February 24, 201, a summary order of KRW 3 million was issued to the Busan District Court on February 24, 201, and on June 11, 201, a fine of KRW 4 million to a violation of the Road Traffic Act (drinking driving) at the Dong branch of the Busan District Court on the Busan District Court on June 11, 2014; and on October 5, 2016, the Defendant was sentenced to a suspended sentence of six years for a violation of the Road Traffic Act (drinking driving).
[2] On February 2, 2018, around 00:18, the Defendant driven D-Wts under the influence of alcohol concentration of about 0.085% in blood without obtaining a driver’s license from the front of the corporate bank located in Busan, Busan, Seogjin-gu, Busan, to the original golf practice site located in 106 Do, 74-gil, Busan, Busan, to the front road.
Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle again under the influence of alcohol without obtaining a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of alcohol, statement of the situation of the driver driving, and the register of driver's licenses;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Article 148-2 of the Road Traffic Act - Articles 148-2(1)1 and 44(1) of the Road Traffic Act - Articles 152 subparag. 1 and 43 of the Road Traffic Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Article 53 and Article 55(1)3 of the Act on the Mitigation of Small Quantity Mitigation refers to the Defendant committed the instant crime at the same time during the period of suspension of execution even though he/she had been punished for drinking driving on several occasions. The Defendant committed the instant crime at the same time during the period of suspension of execution. The degree of alcohol content in blood at the time of the instant case, the motive and background of the instant crime,