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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On September 25, 2013, the defendant was sentenced to a fine of three million won as a crime of violation of the Road Traffic Act in the Busan District Court on September 25, 2013; on October 13, 2014, the same court was sentenced to a fine of two million won as a crime of violation of the Road Traffic Act; on June 28, 2016, the same court was sentenced to imprisonment for six months as a crime of violation of the Road Traffic Act; and on July 6, 2016, which became final and conclusive on July 6, 2016.
On August 4, 2016, at around 23:55, the Defendant driven Chon car with approximately 150 meters alcohol level while under the influence of alcohol level 0.178% without obtaining a driver's license from the front side of the “inbound” road 49, Gowon-si, Changwon-si, Changwon-si, Seoul, to the front side of the “indoor Industry” located at approximately 150 meters old Yong-ro 17-ro. 17.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Registers of driver's licenses;
1. Criminal records, previous records of disposition and report on the results of confirmation, and application of Acts and subordinate statutes to criminal investigation reports (crimes during the suspended period of execution);
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 following circumstances were taken into account in determining the punishment such as the order of reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act.
- Unfavorable circumstances: A number of records of criminal punishment for the same kind of crime; a crime committed during the period of probation from the same kind of crime; a crime committed during the period of probation from the same kind of crime; a confession and reflect, etc. - Other circumstances under which the defendant is faced;