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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On August 10, 201, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspended execution with labor for a violation of the Road Traffic Act, etc. at the credit support of the Suwon District Court on August 10, 201, and was issued a summary order of KRW 8 million of fine on October 14, 201.
On March 28, 2014, the Defendant, without obtaining a driver’s license of a motor vehicle on March 28, 2014, driven a D low-speed motor vehicle at a section of about 8 km from the 2337-4-ro Gyeong-gu, Gyeonggi-gu, Yangyang-gun, to the defective bus terminal parking lot in the same Gun, while under the influence of alcohol by 0.15%.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Report on actions taken against an employer, and report on the status of an employer-employed driver;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);
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 (the punishment shall be imposed for a violation of the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant, who has the ability to drive without a license, was sentenced to a suspended sentence for the same kind of crime, but has not committed the crime in this case, and the defendant was sentenced to a heavier sentence for the defendant due to a considerable amount of the suspension of the sentence under Article 55(1)3 of the Criminal Act.