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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On June 11, 2009, the Defendant was sentenced to a suspended sentence of two years in June and three million won in fine for the same crime in the same court on August 21, 2009.
On March 14, 2013, at around 21:16, the Defendant, without obtaining a driver’s license, driven a car with Ctecas in approximately approximately 200 meters from the road front of a simple restaurant in the Chungcheong City, Chungcheongnam-si, which is under the influence of 0.122% of blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Statement of the status of the driver;
1. Registers of driver's licenses;
1. Reference letters, written judgments, and application of summary order statutes; and
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. Circumstances which are disadvantageous to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: The defendant again commits the instant crime even though he had a previous conviction of ten or more times of suspension of execution, including the previous convictions, despite the fact that the defendant had committed the instant crime; the risk of drunk driving and driving without a license, and the purpose of the Road Traffic Act amendment to strengthen the punishment for drunk driving: Considering the favorable circumstances in which the defendant reflects the Defendant’s crime; and other circumstances constituting conditions for sentencing as shown in the records, such as the Defendant’