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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On September 26, 2016, around 01:10, the Defendant driven a B food car under the influence of alcohol by 0.121% with a blood alcohol concentration of 0.121% without obtaining a driver's license from the home clockt store to the front day of the Dong-dong community service center located in Busan High-gu Do-gu, Busan High-do.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;
1. Application of the statutes on the register of driver's licenses;
1. Relevant provisions of Article 148-2 (2) 2, 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. Taking into account the following circumstances, the sentencing of selective sentence of imprisonment with prison labor, and other factors, such as the Defendant’s age, character and conduct, environment, background leading to the Defendant to the instant crime, circumstances before and after the instant crime, and various sentencing conditions as stated in Article 51 of the Criminal Act, the sentence of a sentence is deemed inevitable in light of the circumstances favorable to the Defendant, and the sentence is determined as ordered.
The defendant recognized the crime of this case.
Unfavorable circumstances: The defendant did not have been subject to criminal punishment on several occasions for the same crime and again committed the crime of this case during the period of probation for the same crime, which is highly likely to be subject to criticism.
The defendant could not severely punish the defendant by driving a motor vehicle under the influence of alcohol without any strict warning of the law that prohibits him/her from driving without a license.