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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal history] On July 21, 201, the Defendant was sentenced to a suspended sentence of ten months for a crime of violating road traffic law at the Seoul Western District Court on July 21, 201. On July 16, 201, the Defendant was sentenced to imprisonment for one year for a crime of violating road traffic law at the Gwangju District Court on July 16, 201, and completed the execution of the sentence at the Gpool Prison on July 16, 201.
[2] On October 22, 2017, the Defendant driven a 110CC under the influence of alcohol content of about 0.181% without obtaining a motor device bicycle driver’s license from the front of the Yansan cafeteria, which is at the cancellation of the Southern Military, to the front of the error village located in approximately 23-2 km, from the front of the same side to the erroneous village.
As a result, the defendant who has violated the prohibition of drinking twice or more, driving a motor device in the influence of alcohol again in violation of the prohibition of drinking, and driving a bicycle without a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. The driver's license ledger;
1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, (A), a report on investigation (verification of the same records as the suspect), and an investigation report (verification of suspect repeated records) Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the records of having been punished several times for the same kind of crime, and even though the criminal was committed during the period of repeated crime due to the same kind of crime, the defendant committed the crime of this case. It is inevitable to punish the defendant significantly.
However, the defendant recognized the crime of this case and reflected it.