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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Criminal facts
[criminal history] On June 4, 2012, the Defendant was issued a summary order of KRW 5 million for a crime of violation of road traffic law at the Changwon District Court’s Tongwon District Court’s branch branch on the grounds of a violation of road traffic law, etc. On October 14, 2015, the Defendant was sentenced to a one-year suspended sentence of imprisonment for the same crime, etc. at the same court on the same time, and was sentenced to a two-year suspended sentence of imprisonment on October 22, 2015, and the said judgment became final and conclusive
[2] On December 30, 2015, the Defendant driven B car under the influence of alcohol content of 0.129% while under the influence of alcohol without obtaining a driver’s license from around 200 meters to the front road of the entrance of theless village located in the same Ri, from the her burgical burg in the light-based burgical map, on December 30, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved and report on the detection thereof;
1. Inquiries about the results of crackdown on driving alcohol;
1. Investigative into the ledger of driver's licenses and the impact of cleanliness;
1. Previous convictions in judgment: References to inquiries about criminal history, application of investigation reports (judgments, summary orders)-related Acts and subordinate statutes;
1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for a violation of the Road Traffic Act due to a heavy drinking driving)
1. The sentencing condition of Article 51 of the Criminal Act, such as the fact that the number of alcohol content in the blood of the reason for imposing the alternative sentence is considerably high, that has been punished several times for the same crime, the current period of suspended sentence, the details and distance of driving, reflects, the possibility of revoking the suspended sentence, the defendant's age, sex, environment, and the circumstances after the crime, shall be equally considered in determining the sentence against the defendant;