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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal power] On July 25, 2001, the defendant issued a summary order of KRW 2 million for a fine of KRW 1 million for a violation of the Road Traffic Act in the Southern District Court of the Jeonju on July 25, 2001; on September 13, 2007, the same court issued a summary order of KRW 2 million for a violation of the Road Traffic Act; on September 19, 2008, the same court issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act; on February 5, 2013, the same court was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (driving) and became final and conclusive on February 13, 2013.
【Criminal Facts】
On December 8, 2014, the Defendant, at around 22:10, driven a car without obtaining a driver’s license from the front road of the National Federation in front of the Central Federation in the Ya Chang-gun, Chungcheongnam-gun, and from about 500 meters away from the front road in the same Eup to the Gyeongcheon-do in the same Eup, while driving the car under the influence of alcohol with a blood alcohol concentration of 0.147%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;
1. Registers of driver's licenses;
1. Previous convictions in judgment: Application of three copies of criminal records, investigation reports (Attachment to previous records and court rulings), court rulings, and other relevant 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. In light of the fact that the Defendant committed the instant crime and the Defendant’s blood alcohol concentration is relatively high, it is inevitable to sentence the Defendant on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act, given that not only the Defendant was punished four times for the same kind of crime, but also the Defendant committed the instant crime under the suspension of execution due to the same kind of crime.
However, the fact that the defendant has divided his/her wrong and reflects his/her wrong, and that the defendant's age, character, character and environment, etc. are also different.