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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
On June 25, 2018, the Defendant driven a epoter vehicle without a driver’s license, while under the influence of approximately 200 meters of alcohol level 0.112% of alcohol level in blood, from the Do in front of the village B of Goung-gun, Goung-gun, Chungcheongnam-gun, to the three-way distance in front of the Dpool located in C. The Defendant driven a vehicle without a driver’s license.
Accordingly, the Defendant, while under the influence of alcohol, driven a motor vehicle while driving the motor vehicle without a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Investigative into the ledger of driver's licenses and the main office;
1. Application of Acts and subordinate statutes on the scene of traffic accident;
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. The reason for sentencing the alternative sentence of imprisonment with prison labor is that the defendant scraps the Poter vehicle as indicated in the judgment of the defendant, and that the defendant reflects his mistake, etc.
On the other hand, the defendant's previous conviction is four times (one time of driving without a license) and the suspended sentence of imprisonment has already been imposed two times due to such previous convictions, and the defendant's act of causing a traffic accident while driving alcohol or without a license is considered disadvantageously.
In addition to these circumstances and the defendant's age, family environment, the interval between previous conviction and the time of the crime of this case, the defendant's blood alcohol level during the crime of this case, drinking and driving distance without a license, and the circumstances after the crime, the punishment as ordered shall be determined.