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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On January 28, 2017, at around 04:10, the Defendant driven a vehicle with alcohol level of at least 0.15% while under the influence of alcohol level of at least 0.15% in a section of about 600 meters from the front of the AK Plas, who is in the salary-ro of the original city, to the front of the present apartment located in the original city level of the original city without a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving on the vehicle, report on the circumstances of a driver driving on the vehicle, notification on the results of regulating the driving of drinking, and application of the statutes governing the driving license register;
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Articles 152 subparagraph 1 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. On July 5, 2016, with respect to the crime under the influence of alcohol level of 0.251% among the blood alcohol level on the grounds of sentencing for selective sentence of imprisonment, this Court again committed each of the instant crimes, even after being under the suspension of execution on July 5, 2016.
As a result of the same crime, there is a history of criminal punishment for driving under the influence of alcohol on five occasions, and each of the crimes in this case has been committed under the surveillance of self-protection while under the probation, it is difficult to find out the situation before the opening of the crime, and it is inevitable to sentence a sentence because there is a high possibility of recidivism.
In light of the above circumstances, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances, such as the degree of alcohol concentration, age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime.