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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On December 7, 2007, the Defendant issued a summary order of a fine of 1.5 million won for a violation of the Road Traffic Act at an Ansan District Court's Ansan Branch, and on June 19, 2014, the Defendant was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act at the Suwon District Court's imprisonment on June 19, 2014 and was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act.
On March 20, 2015, at around 23:50, the Defendant, without a driver’s license, driven a car in a section of about 3 km to the roads near the f66-1st place in the west-gu 17th ancient city, in a state where the blood alcohol concentration was 0.096% without a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. Registers of driver's licenses;
1. Previous convictions in judgment: Criminal history records, circular statements, previous dispositions, and application of report-related Acts and subordinate statutes;
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 sentence of imprisonment is inevitable considering the fact that the defendant commits the instant crime during the period of suspended execution due to the same kind of crime (five cases in total, three cases in which the sentence of imprisonment is to be imposed) under Articles 53 and 55(1)3 of the Criminal Act, and in particular, the criminal defendant commits the instant crime during the period of suspended execution due to the same crime.
The term of imprisonment with prison labor, along with the above circumstances, shall be set by the statutory punishment for six months, after reducing the statutory punishment by taking into account various circumstances that constitute the sentencing conditions, such as the fact that the defendant returns a passenger car to the company and reflects the depth of the defendant such as returning the vehicle, the amount of blood alcohol is low, the driving distance is not long, the circumstances of driving, the role assigned to the workplace, and the circumstances of the dependent.