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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Criminal facts
On February 15, 2013, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Changwon District Court was sentenced to a fine of KRW 5 million in the same court on May 1, 2014, and a fine of KRW 5 million for a violation of the Road Traffic Act (driving without a license). On July 12, 2015, in the same court on July 12, 2015, the Defendant was sentenced to a suspended sentence of KRW 6 months for imprisonment for a violation of the Road Traffic Act (driving without a license) and for a violation of the Road Traffic Act (driving without a license). The said judgment becomes final and conclusive on July 31, 2015, and is currently under the suspended sentence period.
On April 4, 2016, at around 23:38, the Defendant driven a 1 ton cargo vehicle with a blood alcohol content of 0.197% while under the influence of alcohol without obtaining a driver’s license from approximately 500 meters from the front road of the “Seoul AFK” station located in the same Eup/Myeon from the front road of the “Seoul AFK” station located in the same Eup/Myeon.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a driving under the influence of alcohol, report on the state of standing of a driving under the influence of alcohol, inquiry into the results of the crackdown on drinking driving, and notification of the results thereof;
1. Registers of driver's licenses;
1. Previouss before and after judgments: Application of criminal records, inquiry reports (reports attached to criminal records, driving before a suspect drunk, judgment, and summary order);
1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor as a matter of choice (including the frequency and frequency of previous records of punishment, contents, recidivism during the period of suspension of execution, degree of blood alcohol concentration, etc.);
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 201);