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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On September 23, 2013, the Defendant was issued a summary order of a fine of five million won for a crime of violation of the Road Traffic Act at a district court of Jung-gu District on September 23, 2013, and on July 24, 2014, the Defendant was sentenced to imprisonment for one year for a violation of the Road Traffic Act (driving without a license) and three years for a suspended sentence.
8.1. The above judgment becomes final and conclusive and currently during the suspension of execution.
On November 26, 2014, the Defendant, without obtaining a driver’s license at around 23:14, driven an E rocketing car in the state of alcohol alcohol concentration of 0.122% from active duty to the roads of the same Western High School, from the area near the Seo-gu Seo-dong in Seongbuk-gu, Sungnam-si to the same Western High School.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Registers of driver's licenses;
1. Previous records of judgment: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment to previous records and written judgments, etc.);
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 Competition, the choice of imprisonment;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has a history of having been punished several times due to drunk driving and unlicensed driving. In particular, after being sentenced to a suspended sentence of imprisonment due to a crime such as drunk driving andless driving, etc., the Defendant committed the instant crime again for four months only after having been sentenced to a suspended sentence of imprisonment due to the crime such as drunk driving andless driving, etc., the sentence shall be determined as