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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal history] The Defendant was sentenced to seven months of imprisonment for a violation of road traffic law at the Daegu District Court on June 4, 2008, and was sentenced to six months of imprisonment for the same crime in the distribution support of the Daegu District Court on June 16, 201. On November 12, 2015, the Defendant was sentenced to one year of imprisonment for the same crime and three years of suspended execution, and the said judgment became final and conclusive on the 20th of the same month.
[ 범죄사실] 피고인은 2016. 10. 24. 16:04 경 자동차 운전면허를 받지 아니하고 혈 중 알콜 농도 0.069% 의 술에 취한 상태로 경주 시 안강읍 안 강리 김삿갓 식당 앞 도로에서부터 비화 중로 영진 계전 앞 도로까지 약 500 미터 구간에서 C 스타 렉스 차량을 운전하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. On the road traffic law violation (drinking, driving without a license), reporting on the detection of a suspected person, a report on the circumstances of the driver's license, notification of the results of regulating the driving of drinking, inquiry of the results of crackdown on the driving of drinking, details of the revocation of the driver's license, the ledger of the driver's license/
1. Previous convictions in judgment: Application of a reply letter to inquiry, such as criminal history, investigation report (A), and Acts and subordinate statutes of the same kind;
1. Article 148-2 (1) 1, Article 44 (1), 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 Competition;
1. In addition, the Defendant had been punished several times for the same type of crime, and on November 12, 2015, in the Daegu District Court and the Daegu District Court and the Racing Support, the Defendant committed each of the instant crimes even though he was sentenced to three years of suspended execution for a year of imprisonment due to a violation of the Road Traffic Act (driving) on November 12, 2015, and was sentenced to three years of suspended execution.
Despite the punishment of several times, the defendant's continuous and repeated crimes are more likely to be committed.