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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On March 7, 2007, the defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Incheon District Court, and on June 7, 2012, the defendant was sentenced to a suspended sentence of 2 months for a violation of the Road Traffic Act (driving) at the Incheon District Court on June 7, 201 and was sentenced to a suspended sentence of 2 months for a violation of the Road Traffic Act (driving).
On August 20, 2013, at around 22:35, the Defendant driven a DNA car with a blood alcohol concentration of 0.102% under the influence of alcohol without obtaining a driver’s license from the middle-gu Incheon Jung-dong to the middle-gu road in front of the port of 5km in the same Gu, Seopo-dong.
Summary of Evidence
1. Statement of the accused in the third protocol of trial;
1. Inquiry into the result of the crackdown on drinking driving;
1. Report on the circumstances of driving without a license and written statement on driver’s license;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)
1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and
2. Determination of sentence: Imprisonment with prison labor for 10 months [free circumstances] only three times for the same kind of suspended sentence [six months], and imprisonment with prison labor for larceny on September 17, 2003; on October 12, 2005; and on March 7, 2007, with the punishment of 1.5 million won for a fine for a non-licensed driving on March 15, 2007 and April 12, 201.