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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
【Criminal Power】 On August 23, 201, the Defendant was sentenced to a fine of KRW 10 million for a violation of the Road Traffic Act, etc. at the Daegu District Court on August 23, 201, and on April 3, 2014, the Defendant was sentenced to a summary order of KRW 7 million for a violation of the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch Branch Branch Office of the Daegu District Court on April 3, 201, and was punished for a drunk driving five times.
【Criminal Facts” around 03:15 on July 10, 2015, the Defendant, while under the influence of alcohol of 0.145%, driven a Cunstren vehicle at a 1km section of approximately 1km to the front of the GSS convenience store located in the Daegu Seo-gu 285 Daegu Bank Sungroporo, Daegu 285, without a driver’s license.
Accordingly, even though the Defendant violated the prohibition provisions on driving under the influence of alcohol more than twice, the Defendant again driven a motor vehicle without a driver's license in violation of the said provisions.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of a drinking driver and notification of the result of crackdown on drinking driving;
1. Registers of driver's licenses;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment to the same criminal records);
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 was sentenced to a fine twice due to a drunk driving. In particular, after being sentenced to a suspended sentence of imprisonment due to a drunk driving on February 201, the Defendant was sentenced to a suspended sentence of imprisonment for 4 months from this court by again driving under the influence of alcohol, and was sentenced to a fine by the appellate court, and was sentenced to a fine by the appellate court. In other words, even if he was sentenced to a fine by driving under the influence of alcohol on April 2014, the Defendant committed the instant crime, and thus, the Defendant was punished with severe punishment.