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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal power] On July 15, 2009, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Gangseo branch court of the Chuncheon District Court on April 27, 2010, a fine of 3 million won for the same crime in the same court on April 27, 2010, and a fine of 3 million won for the same crime in the same court on August 29, 2013, and two years for a suspended sentence.
【Criminal Facts】
On April 28, 2015, at around 19:10, the Defendant driven a C-wing freight vehicle owned by the Defendant in the section of approximately 1km up to the 1km of the hotel "Senekinia" on the road front of the Ganyang-gun, Gangwon-do, Gangwon-do, without obtaining a driver's license under the influence of alcohol level of 0.10% with a blood alcohol level of 0.10%.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (former and confirm, etc.);
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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation include several criminal convictions for the defendant, in particular, the fact that the defendant again commits the same kind of crime during the period of suspended execution due to the same kind of crime, and other circumstances, such as the defendant's age, character and conduct, environment, motive and circumstances of the crime, means and consequence, etc., shall be determined as ordered, comprehensively taking into account the following factors into account: