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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On February 11, 2011, the Defendant received a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) from the Suwon District Court's Ansan Branch on July 6, 2012, and a fine of KRW 1.5 million for the same crime in the same crime. On November 23, 2012, the Defendant was sentenced to a suspended sentence of KRW 2 years for a period of eight months for the same crime in the Ansan Branch Branch of the Suwon District Court's Ansan Branch on November 23, 2012. On August 9, 2018, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million for the same crime.
On December 24, 2018, at around 00:02, the Defendant driven a Bsch Rex motor vehicle without a driver's license, under the influence of alcohol concentration of approximately 0.066% from about 1km to the front road of the National Fishery Products Quality Management Service, from around 371, as from the roads near the Incheon Jung-gu Incheon Metropolitan City, Jung-gu, Incheon Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the situation of a drinking driver, and the results of the crackdown on drinking driving (No. 2 No. 1335);
1. Report on the situation of operation without a license, and the register of driver’s licenses;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (verification of suspect's records of punishment for drunk driving), and copies of written judgments;
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 Act for discretionary mitigation is that the Defendant recognized the instant crime and reflects his mistake.
However, before committing the instant crime, the Defendant has already been punished five times for drinking driving and three times for driving without a license.
A fine of KRW 2.5 million is imposed on January 17, 2001 due to drinking, unlicensed driving, etc. on February 11, 201, a fine of KRW 1.5 million due to a drunk driving on July 6, 201, a fine of KRW 1.5 million due to a drunk driving on July 6, 201, and two years of suspension of execution for August 23, 201 due to a drunk driving and a non-licensed driving on November 23, 201, and a non-licensed driving on July 29, 201.