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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal record] On April 12, 2011, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Busan District Court’s Branch Branch, etc., and on August 31, 2015, the Defendant was sentenced to a fine of KRW 7 million for the same crime at the Jung-gu District Court.
[Criminal Facts] On February 10, 2016, at around 22:40, the Defendant driven B Abeo car without a driver’s license, from approximately 1.5 KK to the roads in front of the Dobong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter “Abeo car”).
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;
1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (Attachment to judgment of a same kind driving under the influence of alcohol);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Normal circumstances favorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following reasons for sentencing): The defendant recognized the instant crime; the defendant has no record of being punished exceeding the fine for the same kind of crime; the defendant was punished seven times due to drinking or non-licenseless driving; the defendant is currently missing; the defendant's age, character and behavior, environment, means and consequence of the crime; and other various conditions for sentencing specified in the pleadings of the instant case, such as the circumstances after the crime, shall be determined as ordered by taking into account the following factors.