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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
【Criminal Records of Crimes】 On November 25, 2015, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution due to a violation of road traffic laws in the Daegu District Court Kimcheon-cheon Branch of the Daegu District Court, and the said judgment became final and conclusive on December 3, 2015.
[Criminal Facts]
1. Violation of traffic laws on roads, and violation of traffic laws on roads;
A. On August 24, 2015, the Defendant driven CM5 car under the influence of alcohol content of 0.199% in blood without a vehicle driver’s license from around 23:00 on August 24, 2015, in a section of about 10 meters from the day before the knife knife knife knife restaurant to the front of the same old knife knife knife knife knife.
B. On September 23, 2015, at around 22:43, the Defendant driven CM5 vehicle under the influence of alcohol content of 0.134% while under the influence of alcohol without a vehicle driver’s license at a 1km section from the front day of the Paris Embrate located in the Gu-si, Sinsi to the front day of the same modern mother’s oil station.
2. On September 17, 2015, the Defendant, at around 00:50, driven a CM5 vehicle without a driver’s license in the section of about 10km from the public parking lot located in the Gu-U.S., Down-gun, North Gyeongdong-gun, North Gyeongdong-gun, North Gyeongdong-gun, North Gyeongdong-gun, in the direction of 10km.
Summary of Evidence
1. Statement by the defendant in court;
1. Reports on occurrence of each traffic accident, reports on the circumstances of drivers at each driving school, registers of drivers' licenses, details of revocation of drivers' licenses, and reports on the situation of driving at each driving school;
1. Application of Acts and subordinate statutes to inquiries and investigation reports (Attachment to previous decisions) including criminal history;
1. Articles 148-2(2)2 and 44(1) (i.e., the influence of self-driving on August 24, 2015) of the relevant Act on criminal facts; Article 152 Subparag. 1 and 43 of the Road Traffic Act (a non-licensed driving on August 24, 2015); Article 148-2(1)1 and 44(1) of the Road Traffic Act (a person driving under influence on September 23, 2015)
1. There is no heavier punishment between crimes under Articles 40 and 50 of the Criminal Code for the commercial concurrent crimes (driving of alcohol) and each crime of violating the Road Traffic Act on the same day as each crime of violating the Road Traffic Act.