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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On July 28, 2011, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act at the Seoul Central District Court on July 28, 201, and was sentenced to a fine of 5 million won for a violation of the Road Traffic Act at the Seoul Western District Court on September 14, 2012, and on February 1, 2013, the Seoul Central District Court sentenced the Defendant to a fine of 6 months for a violation of the Road Traffic Act (driving without a license) and for a violation of the Road Traffic Act (driving without a license) at the Seoul Central District Court on September 28, 2013, and completed the execution of the sentence at the Seoul Detention District on September
On April 17, 2014, at around 20:14, the Defendant driven C truck under the influence of alcohol level of about 0.196% without obtaining a driver's license from the section of approximately 200 meters, 6:15, the same day from the front of the 20:15-ro, Gangnam-gu, Seoul, Seo-gu, Seoul, to the 6:29-ro, the same day.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. The actual survey report on traffic accidents;
1. A report on detection of a host driver;
1. Registers of driver's licenses;
1. Previous convictions in judgment: Application of criminal records and investigation reports (former and repeated crimes) 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. Article 35 of the Criminal Act among repeated crimes;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including cases where an error is pened);