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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On September 27, 2010, the Defendant was issued a summary order of a fine of 3.5 million won for a violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on September 27, 2010. On May 11, 2012, the Defendant was sentenced to a suspended sentence of 1 year for the same crime in the same court on May 11, 201, and is a person who is engaged in driving of B car.
On November 13, 2018, at around 00:19, the Defendant driven the said vehicle without obtaining a driver’s license in the state of alcohol alcohol concentration of about 0.16% from the front side of D, located in the Daksan-si C to the said car center.
As a result, the defendant was punished twice or more due to drinking driving and was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes, such as criminal history records, investigation reports, and copies of summary orders;
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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. From 206 to 206 of the Criminal Act, punishment shall be determined as per the disposition, taking into consideration the following: (a) since the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “Discretionary Mitigation”), three times of fine due to drinking and unlicensed driving; (b) the fact that there is a penalty under the suspension of the execution of imprisonment once; (c) the blood alcohol concentration high; (d) reflectivity; and (e) the distance from drinking driving is shorter; and