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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On September 3, 2009, the Defendant was sentenced to a fine of 1.5 million won as a crime of violation of the Road Traffic Act at the Busan District Court, and on August 21, 2012 by the same court, to a suspended sentence of 2 months for the same crime.
On May 20, 2013, at around 22:05, the Defendant driven CM3 motor vehicles under the influence of alcohol leveling 0.104% without a driver’s license, from the 3rd apartment in front of the modern third apartment, which is located in the west-gu, Busan Metropolitan City, to the front road of the entrance of the lower-gu, 15km road in Gangseo-gu, Busan Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Registers of driver's licenses;
1. Previous convictions in judgment: Application of criminal records and investigation reports (suspects' previous records and confirmations) and 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) on August 21, 2012, the Defendant was sentenced to two years of imprisonment for a violation of the Road Traffic Act at the Busan District Court on August 29, 2012; and (b) on August 29, 2012, the Defendant again committed the instant crime of the same kind, even though the judgment became final and conclusive and conclusive on August 29, 2012; (c) the amount of drinking water is considerable; (d) the motive, background, means and method of the instant crime; (d) the circumstances before and after the instant crime; and (e) the Defendant’s age, character, character