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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On March 25, 2008, the Defendant issued a summary order of one million won of a fine for a violation of the Road Traffic Act at the Sung-nam branch of Suwon District Court on March 25, 2008, and on September 6, 2012, the Defendant was sentenced to a suspended sentence of six months for the same crime by the same court.
On September 1, 2013, the Defendant, without obtaining a driver’s license on September 23, 2013, driven approximately 1 km of Grandroth freight in front of the central development of the Orapo-Eup located in the Gu of Gwangju, on the road in front of the Gopo-dong in the Gu of Gwangju, 0.081% of the blood alcohol concentration without obtaining a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Making a report on the control of drinking driving;
1. Registers of driver's licenses;
1. Previous convictions in judgment: Application of criminal records and investigation reports, and 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is the time when the defendant committed the crime, and the wife and his/her children are divided. While the defendant supported his/her wife and his/her children, he/she had been sentenced to a fine three times due to drunk driving, and he/she had been sentenced to a two-year suspended sentence on September 6, 2012, and was sentenced to a two-year suspended sentence on September 6, 2012, and during the suspended sentence, he/she has been driving the pertinent drinking