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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On June 8, 2012, the Defendant was sentenced to a fine of KRW 700,00,000 by the Gwangju District Court for a violation of the Road Traffic Act ( Drinking), a fine of KRW 1.5 million by the same court on April 8, 2014, and a fine of KRW 5 million by the same court on January 19, 2016.
On September 2, 2016, at around 21:35, the Defendant driven a 302-way cultural communication road in Gwangju Northern-gu, Gwangju Northern-gu, with approximately 50 meters alcohol concentration at approximately 0.116% while under the influence of alcohol without a motor device bicycle driver’s license, from the front of the 302-way street to the 46-way road in the same Gu cultural communication.
On June 8, 2012, the Defendant was sentenced to a fine of KRW 700,00,000 to a fine of KRW 500,000 due to a violation of road traffic laws (drinking), etc. at the Gwangju District Court on April 8, 2014; on January 19, 2016, the Gwangju District Court was sentenced to a fine of KRW 5 million due to a violation of road traffic laws (drinking), etc.; on November 25, 2016, the Defendant was charged with a violation of the Road Traffic Act (drinking) at the Gwangju District Court on November 25, 2016. On January 14, 2017, the Defendant took charge of a fine of KRW 150,000 from a road driver’s license of KRW 30,000 to a road in front of the Gu in front of the Dong-gu Seoul District Court on the road in front of the Gu.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. Notification of the results of regulating driving of alcohol;
1. The driver's license ledger;
1. A statement of the detection;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the same summary order);
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.