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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal power] On January 11, 2010, the Defendant was issued a summary order of a fine of three million won by a fine for a violation of the Road Traffic Act (driving) at the Busan District Court, etc. on November 20, 2013. On November 20, 2013, the above court received a summary order of five million won by a fine for a violation of the Road Traffic Act (driving), etc. on November 13, 2013. On November 13, 2013, the Busan District Court sentenced two years of suspension of the execution to six months of imprisonment with prison labor for a violation of the Road Traffic Act (Free Driver’s License) at the Busan District Court’s Dong Branch Branch, which became final and conclusive on November 21,
【Criminal Facts】
Although the Defendant had been punished twice or more as above, at around 00:40 on December 17, 2013, the Defendant, without obtaining a driving license at around 00:40, a blood alcohol level, driven BE-ray cargo at approximately 1 km from the front of the “Japanese Used Motor Vehicle Sale Contract” located in the Busan-gu Sacho-dong, Busan, under the influence of alcohol level of 0.123%, to the front of the “Sabubbbbbbbbb bus terminal in the Busan-gu trile-dong trile to the front road.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the situation of a drinking driver, report on the control of drinking driving, and the register of driver's licenses;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
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. Although the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act reflects the Defendant’s reason for sentencing, the Defendant, who committed the instant crime once again within one month after having been sentenced to a suspended sentence due to the same kind of crime, taking into account the following factors: (a) the Defendant committed the instant crime; and (b) the Defendant’s criminal records, etc., sentenced the same sentence as the disposition
It is so decided as per Disposition for the above reasons.