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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On December 22, 2010, the Defendant was sentenced to a fine of KRW 6 million for the violation of the Road Traffic Act, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the violation of the Road Traffic Act (licenseless Driving), and the violation of the Road Traffic Act at the Southern Branch of the Gwangju District Court on July 16, 2015. On July 16, 2015, the Defendant was sentenced to a suspended sentence of one year for a one-year imprisonment with prison labor for the violation of the Road Traffic Act (or one-year suspension of execution).
At around 01:40 on September 19, 2015, the Defendant driven D Lasta car under the influence of alcohol content of 0.188% during blood while under the influence of alcohol without obtaining a driver’s license from the front of the third apartment house of 153 Dopo-ro, 153 Dopo-ro to the intersection of 107 Dopo-ro, Mapo-ro, Mapo-ro, Mapo-ro, Mapo-ro.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating driving of drinking alcohol (24 pages of evidence records);
1. The driver's license ledger;
1. The application of the Act and subordinate statutes to inquiries, such as criminal history;
1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The sentencing of Articles 53 and 55(1)3 of the Criminal Act for the mitigation of a small amount of punishment (hereinafter referred to as the following sentencing in consideration) has a record of being punished four times due to drinking since 2005, the Defendant again drives drinking during the suspension period since he was sentenced to two years of suspended sentence on July 24, 2015 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles), a violation of Road Traffic Act (Measures Taken Subsequent to Accidents), a violation of Road Traffic Act (Measures Subsequent to Accidents), and a violation of Road Traffic Act ( Drinking) in the support by the Gwangju District Court on July 16, 2015.