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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On August 6, 2007, the Defendant issued a summary order of KRW 2 million at the Gwangju District Court on the charge of violation of the Road Traffic Act (hereinafter referred to as the "Food") and the summary order of KRW 3 million at the same court on August 27, 2010 by the same crime, etc. and violated Article 44 (1) of the Road Traffic Act at least twice.
On August 8, 2012, at around 22:45, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.166% without a car driver’s license, and the Defendant driven a Bchier car over about 200 meters from the front day of the alcohol house in the Gwangju Mine-gu to the front day of the Health Insurance Review & Assessment Agency in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of, and report on, a driver, circumstantial statement of a driver, and the register of driver's licenses;
1. Previous records of judgment: Application of criminal records, inquiry reports (Attachment of the same type judgment and confirmation of the fixed date) and Acts and subordinate statutes;
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. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with more severe punishment);
1. Selection of imprisonment with prison labor chosen;
1. It is inevitable to impose a sentence on the defendant for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, in light of the following: (a) the defendant had a criminal record of driving without a license for drinking alcohol or without a license seven times; and (b) the defendant has been sentenced to a suspended sentence due to a non-licenseless driving and repeated crimes of the same kind only