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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On November 14, 2007, the Defendant received a summary order of a fine of 5 million won for the crime of violation of the Road Traffic Act (driving on a sound driving) from the Gwangju District Court’s 2007 Gwangju District Court, and on November 17, 2014, the Defendant operated a car with a blood alcohol concentration of 0.11% from the 30-meter section of alcohol in the direction of a 30-meter radius to the front day of a high-quality discount live in the opticalyang-Eup in the lightyang-si.
(A) On January 12, 2015, the Defendant was issued a summary order of KRW 3.5 million with the same court. On January 8, 2015, around 20:09, the Defendant driven a BKank-kin vehicle without a vehicle driver’s license, under the influence of alcohol concentration of approximately KRW 0.082%, from around 250 meters to the Manyang-dong, in the Ganyang-gu, Gwangju Metropolitan City, the Ganyang-si, the U.S., in the Ganyang-si, the Ganyangyang-si, the U.S., and the Manyang-do, the same Eup.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of suspects in violation of the Road Traffic Act, report on the circumstances of a drinking driver, inquiry into the results of crackdown on drinking, and register of driver's licenses;
1. Before judgment: Application of criminal records, etc., one copy of the summary order, and one copy of the detailed investigation into the case, to the inquiry into criminal records, etc., and one copy of the Acts and subordinate statutes;
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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. A criminal record of a crime of violation of the Road Traffic Act which is disadvantageous to the reason for sentencing under Article 53 and 55(1)3 of the Criminal Act is two times. A criminal record of a crime of violation of the Road Traffic Act which causes a traffic accident while driving under the influence of alcohol and resulting in the death of victims is also one time. A criminal record of a crime of violation of the Road Traffic Act (unlicensed Driving) has the same kind of criminal record of a crime of violation of the Road Traffic Act, and a criminal investigation is conducted under the influence of alcohol of 0.11% on November 17, 2014.