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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[2] On September 17, 2010, the Defendant was sentenced to a fine of KRW 700,000 to a fine of KRW 4 million for a crime of violating road traffic laws (drinking driving), the same court on June 29, 201, and the same court on February 22, 2012 sentenced to a fine of KRW 5 million for the same crime. On January 19, 2016, the same court was sentenced to a suspended sentence of imprisonment of KRW 6 months for the same crime, and the judgment became final and conclusive on January 27, 2016.
[Criminal facts]
1. On January 26, 2016, the Defendant driven a CTB car without the driver’s license in the section of approximately 6.2 km from the Defendant’s house located in Daegu Dong-gu B and 202 around 17:0 on the same day to the front of the 160 North Daegu Northern-dong, Daegu-gu, 160km.
2. On January 26, 2016, the Defendant driven a C Ttiball vehicle under the influence of alcohol content of about 0.154% on the front side of the 160 North Daegu Agricultural Cooperative located north-dong, Daegu-dong, 160, without a driver’s license, at around 19:53 on January 26, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;
1. Previous convictions in judgment: Application of a reply to inquiries such as criminal history, references to the results of control of drinking driving (number 3 through 6) and each investigation report (number 10, 11 of the evidence list) shall be made;
1. Article 148-2 (1) 1, Article 44 subparagraph 1 of the relevant Act on the Traffic of Roads (a point of drinking), Article 152 subparagraph 1, and Article 43 of the relevant Act on the Traffic of Roads concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for a violation of the Road Traffic Act of which punishment is heavier between crimes and crimes listed in paragraph (2) of the same Article);
1. Selection of each sentence of imprisonment;
1. The latter part of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That Article 39(1) [the former part of Jan. 27, 2016] of the Criminal Act to which the judgment has become final and conclusive and the latter part of the same Act to violate the Road Traffic Act.