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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On May 22, 2014, the Defendant was sentenced to a summary order of a fine of five million won for a crime of violating road traffic laws at the Ulsan District Court on May 22, 2014, and on November 20, 2014, the Defendant was sentenced to imprisonment for six months with labor for the same crime in the same court and two years with a suspended sentence on May 2, 2015.
On September 4, 2015, the Defendant driven a EN city car in the direction of about 1km from the Cheongju-gun, Ulsan-gun, Ulsan-gun, the Cheongsan-gun, the flow of alcohol content of which is 0.116%, without a vehicle driver’s license. The Defendant driven a EN city car in the direction of about 1km to the front side of the 2nd class of Ulsan-gun, Ulsan-gun, the Cheongsan-gun, the flow of which is 0.116%.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of alcohol and the driver's license register;
1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment to the same sentence attached thereto);
1. Article 148-2 (1) 1, 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. Selection of imprisonment with prison labor chosen;
1. In light of Articles 53 and 55(1)3 of the Criminal Act for the Reduction of Small Quantity (see, e.g., sentencing in consideration of the following sentencing) and 55(1)3 (see, e.g., Supreme Court Decision 2008Da14448, Apr. 1, 2008) of the Criminal Act, the sentence should be selected in consideration of the fact that the instant crime was committed during the period of suspension of execution for the same kind of crime, and that the instant crime was committed again without any awareness. However, the sentence should be determined as per the disposition in consideration of various circumstances, such as the background of the crime committed