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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On November 11, 2009, the Defendant was sentenced to a fine of KRW 12 million at the Cheongju District Court for a violation of the Road Traffic Act (driving) and a fine of KRW 4 million on April 30, 2012 for the same crime, etc. at the Youngcheon District Court Young-gu Branch of the Chuncheon District Court.
피고인은 2014. 4. 18 16:40경 혈중알콜농도 0.131%의 술에 취한 상태로 자동차운전면허 없이 충북 제천시 장락동에 있는 내토중학교 앞 도로에서부터 같은 시 신백동에 있는 대구뽈탕앞 도로까지 약 1km 구간에서 C 테라칸 승용차를 운전하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, report on the state of drinking drivers, and the register of driver's licenses;
1. Previous convictions: Application of the Acts and subordinate statutes to inquiry reports (criminal history), investigation reports (reports on the results of confirmation prior to the disposition and the confirmation of the date of release);
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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is three times for drunk driving, two times for without a license, and one time for drunk driving and without a license.
Although the above punishment records are both fines, the defendant was sentenced to a suspended sentence in the first instance court on two occasions, and the defendant was sentenced to a fine in the appellate court on the ground that he was a public official at the time.
Nevertheless, the defendant is also sentenced to the punishment against the defendant, who committed the crime of this case.
However, the defendant has no record of punishment except the above punishment, the defendant's age, and all other sentencing conditions shall be taken into consideration to determine the punishment as ordered.