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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On September 13, 2007, the Defendant was sentenced to a suspended sentence of two months for the violation of the Road Traffic Act and the violation of the Road Traffic Act in the Daegu District Court, Kimcheon-do, for the violation of the Road Traffic Act and the violation of the Road Traffic Act. On April 13, 2012, the Defendant was sentenced to a fine of four million won by the same court as the same crime.
On June 19, 2012, at around 13:05, the Defendant, without a driver’s license, driven Cunstun trucks at a section of approximately 500 meters up to the front road of the “Saunwon Motor Vehicle Company” located in the Gumi-dong in the Gumi-si, Gumidong, under the influence of alcohol content of 0.196% of the blood alcohol content without a driver’s license.
2. On June 19, 2012, the Defendant operated the rocketing trucks, which were not covered by the automobile mandatory insurance, such as the preceding paragraph, around 13:05.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of drivers, register of driver's licenses, and mandatory insurance;
1. Records before judgment: Application of inquiry reports, such as criminal records, etc., amounts of dispositions, and reporting results of confirmation Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Act on Guarantee of Automobile Accident Compensation;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);
1. Selection of each sentence of imprisonment;
1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the scope of adding up the long-term punishments of the crimes of violation of the Road Traffic Act with heavier punishment)
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (the favorable circumstances considered as the following reasons for sentencing) (Article 55(1)3 of the Criminal Act).