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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On November 7, 2006, the Defendant was issued a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act at the Incheon District Court on November 7, 2006, and on August 25, 2008, the same court issued a summary order of KRW 3.5 million as a fine for the same crime, and on November 2, 2012, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor from Seoul High Court for the same crime, and the said judgment becomes final and conclusive on the 10th of the same month and is currently under the suspended sentence.
Although the Defendant had a record of drinking twice or more as above, on January 1, 2014, around 22:20, at around 14:1, in a section of approximately 1km from the Do in front of the 14-lane, Nam-gu, Incheon, Nam-gu, Incheon, to the 4-4rd road of about 63-4, the Defendant driven a B car under the influence of alcohol concentration of about 0.188% without a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Report on the situation of running a driving under the influence of alcohol, report on the results of the control of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and investigation report (case of application of the Ra
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report accompanied by a certified copy, etc. of judgment);
1. Relevant provisions of Article 148-2 (1) and (1), Article 44 (1) (a point of sound driving), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with more severe punishment);
1. Selection of imprisonment with prison labor chosen;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)
1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and
2. Determination of sentence: Imprisonment with prison labor for 8 months (limited to reasonable circumstances) that a proxy engineer drives to the vicinity of the defendant's residence, the short driving distance of the defendant's driving (limited to unsound circumstances), drinking and unlicensed driving during the period of suspension from drinking driving, and this case's case's case's case's case's case's case.