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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal power] On January 19, 2007, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) in the Gwangju District Court Support on January 19, 2007; a summary order of two million won for the same crime in the same court on August 17, 2007; and a summary order of five million won for the same crime in the same court on January 7, 2009; and on January 17, 2008, the Defendant was sentenced to a summary order of five million won for the same crime; on the same court on November 11, 2010, the Defendant was sentenced to imprisonment for six months with prison labor for the same crime; on the same court on January 9, 2014; and on May 22, 2014, sentenced the same court to imprisonment with prison labor for the same crime; and completed the execution of the sentence from the prison on May 18, 2014.
【Criminal Facts】
At around 20:00 on October 19, 2016, the Defendant driven Cwing-III Cargo Vehicles with approximately 0.059% alcohol level under the influence of alcohol level 0.059% while under the influence of alcohol level 0.059%, without obtaining a driver’s license for the vehicle from the front of the Posari-gu Posa-ri to the front of the Posari-gu Posa-ri, Annyang-gu, Chungcheongnam-do.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, report on the results of crackdown on drinking driving, report on detection of suspects for violation of the Road Traffic Act (driving without a license), report on the circumstances of driving without a license, inquiry into the results of crackdown on drinking driving, notification on the completion of correction, and the register of driver's licenses;
1. Previous records of judgment: Application of criminal records, etc., investigation reports (reports on criminal records and attachment of repeated crimes), investigation reports (a copy of summary order of the same kind of power, 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 Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 35 of the Criminal Act among repeated crimes;
1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;