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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On February 1, 2017, the Defendant was sentenced to a suspended sentence of two years for eight months of imprisonment due to a violation of road traffic law in the Gwangju District Court's net support on February 1, 2017, and such judgment became final and conclusive on February 9, 2017.
In addition to the above power, Defendant has been subject to punishment for violating Article 44(1) of the Road Traffic Act on April 14, 201 by receiving a summary order of KRW 2 million in the same court with the same offense, etc., and a summary order of KRW 1.5 million in the same court on May 26, 2015 from the same court on May 26, 201, respectively.
On March 27, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle at around 21:10, run a DNA cargo vehicle under the influence of alcohol concentration of approximately 0.082% from the 100-meter section of blood until the front road, from the front of the cafeteria-dong at the “intersection of the Mancheon-si,” which is located in the Mancheon-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. Previous convictions in judgment: The application of inquiry, written judgments, and copies of summary order Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative imprisonment with prison labor (to consider the fact that the defendant committed the instant crime again even though he/she continued to drive a motor vehicle without obtaining a driver's license since 2002, while he/she had a history of punishment for driving a motor vehicle on several occasions;
1. It is so decided as per Disposition on the grounds of above Articles 53 and 55(1)3 (see, e.g., Supreme Court Decision 2001Da1448, Apr. 1, 201) of the Criminal Act for the reduction of volume;