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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal history] On August 31, 2016, the Defendant received a summary order of KRW 1,50,000 from the Jeju District Court to a fine for a violation of the Road Traffic Act (driving). On January 17, 2017, the Defendant was sentenced to a suspended sentence of one year for six months and one year for a violation of the Road Traffic Act at the Jeju District Court on January 25, 2017, and the said judgment became final and conclusive on January 25, 2017.
[2] On March 17, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle on or around 08:45 on or around 17, 2017, driven a C Poter truck owned by the Defendant, for about 300 meters of land in the same Dong from the street room in the state of drinking alcohol concentration of 0.114%.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as inquiry about criminal history, report on investigation (Attachment to previous rulings attached thereto);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The reasons for sentencing pursuant to Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment shall be, in consideration of the following circumstances, determined as ordered.
A favorable circumstances: The circumstances that recognize and reflect a crime: A person has been punished for the same kind of crime in addition to the previous record of the judgment, and the person has not been sentenced to a decision of the same suspension of execution, and the person has committed a crime again. The circumstances leading to the detection of drinking, the alcohol concentration in the blood at the time of the crime, the circumstances after the crime, the age of