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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The defendant, at the Jeju District Court on August 29, 2012, sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (non-licensed driving) at the Jeju District Court on September 6, 2012, which became final and conclusive on September 6, 2012 and is currently under suspended sentence.
On January 11, 2014, at around 14:15, the Defendant, without a car driver’s license, driven a car with Cystex vehicle from about 1 km to the front of the KMart street in the Jeju Nowon-gu, under the influence of alcohol content of 0.11%.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Application of Acts and subordinate statutes to reports on detection of drivers, registers of driver's licenses, actual survey records, and photographs;
1. Relevant legal provisions concerning facts constituting a crime: Articles 148-2 (2) 2, 44 (1) (a point of sound driving), 152 subparagraph 1, and 43 of the Road Traffic Act;
1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;
1. Selection of a sentence: The sentence shall be imposed as ordered in consideration of all the following circumstances as the reason for sentencing of imprisonment: The favorable circumstances: the fact of crime is recognized and reflected; the situation unfavorable to the support of the wife and three children from the four arms: the accident is caused by drinking or unlicensed driving; the degree of blood alcohol level cannot be said to be low; the crime of violation of the Road Traffic Act of 2000,000 won; the fine is 2.5 million won for the violation of the Road Traffic Act of 200,000 won; the crime of violation of the Road Traffic Act of 250,000 won; the suspension of sentence is 2 years after the suspension of sentence is imposed for 6 months; the act of violation of the Road Traffic Act of 206; the act of violation of the Road Traffic Act of violation of the Road Traffic Act of 207; and the act of violation of the Road Traffic Act of 2 million won for a suspended sentence of imprisonment with prison labor for 2 years, 2007; and