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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On October 28, 2011, the Defendant received a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act, etc. from the Youngcheon District Court's Young-gu branch on October 28, 201, and on February 19, 2013, on June 27, 201, the Defendant was sentenced to a suspended sentence of two years for imprisonment for a violation of the Road Traffic Act (driving) in the original state branch of the Chuncheon District Court, and the judgment became final and conclusive on February 27, 2013.
On October 12, 2014, at around 12:45, the Defendant driven a Crop vehicle while under the influence of alcohol of about 0.139% of alcohol content without obtaining a driver's license from a section of about 600 meters from the front of the Cropic cafeteria located in the Cropic Eup Eup, the Cropian-gun, the Cropian-gun.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and (1) and (2);
1. A written statement on the occurrence of each traffic accident;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Registers of driver's licenses;
1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (verification of the same criminal records);
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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation is that the Defendant had already been punished four times due to drunk driving, and once again run under the influence of alcohol, the corresponding punishment is inevitable.