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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On January 7, 2009, the Defendant was sentenced to six months of imprisonment and two years of suspension of execution for the violation of the Road Traffic Act in the Changwon District Court's branch on January 7, 2009. On January 18, 2013, the Defendant was not detained due to a crime of violation of the Road Traffic Act, etc. and is currently pending trial.
On 17, 2014. 01. 01. 01. 01. 01.30, the Defendant, without obtaining a driver’s license, driven B low-priced car at a section of about 2 km from the front side of the vibration in the Mabunpo-gu Gyeongnam-si, Changnam-si, under the influence of alcohol content of 0.157%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and on the statement of the situation of drinking drivers;
1. The driver's license ledger;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on the results of confirmation before and after disposition, and report accompanied by a copy of summary order);
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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is high, the defendant was sentenced to a suspended sentence of imprisonment due to the fact that he caused a traffic accident while driving in a state of drinking, the fact that he was sentenced to a suspended sentence of imprisonment for six months due to a separate drinking or a non-licensed driving, etc. in the common support of the Changwon District Court, and the defendant's age, character and behavior, environment, motive and circumstance of the instant crime, and the circumstances after the instant crime, etc. shall be determined as ordered by taking into account the sentencing conditions as shown in the records.