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A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.
If the defendant does not pay the above fine, 100.
Reasons
Criminal facts
[criminal history] The Defendant was sentenced to a punishment of eight months for a violation of road traffic law at the Suwon Flag on September 8, 2009, and was sentenced to criminal punishment for not less than two times due to driving of drinking, such as being sentenced to imprisonment for eight months for the same crime in the same court on February 20, 2013.
[2] On May 18, 2017, the Defendant driven a motor bicycle driver’s license without obtaining a motor device bicycle driver’s license, and driving a non-registered 50cc c. non-registration without compulsory insurance at a section of about 150 meters from the front of the river market in the Songsan-si to the front of the 56cc. to the neighboring Samil Park at around the time of 18:12 on May 18, 2017, under the influence of alcohol level of 0.10% in blood.
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 conviction: Application of a written reply to inquiry, such as criminal history, 09No 3582, 2012, 1295, 13No 1109, and 1109;
1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking alcohol, the choice of imprisonment), Article 154 subparagraph 2, Article 43 (the point of driving a bicycle without a license motor, the choice of fines) of the Road Traffic Act concerning the facts constituting an offense, and Articles 46 (2) 2, and 8 of the Guarantee of Automobile Compensation Act (the point of failing mandatory insurance and the choice of imprisonment);
1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Circumstances favorable to the defendant in sentencing of Article 334(1) of the Criminal Procedure Act are as follows.
The defendant is deeply divided into and reflected in the crime of this case.
It seems that the defendant suffered considerable injury due to an accident that occurred in the course of the crime of this case.
It seems that the defendant has a physical disability and is in an economic difficult situation.
Circumstances unfavorable to the defendant are as follows:
Defendant’s judgment.