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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On September 12, 2002, the Defendant was sentenced to a summary order of 700,000 won by a fine for a crime of violating the Road Traffic Act at the Incheon District Court on September 12, 2002. On September 19, 2008, the Defendant was sentenced to a fine of 2 million won by the same court as the same crime. On November 22, 2013, the Defendant was sentenced to a summary order of 5 million won by the same court as the same crime. On February 24, 2016, the same court was sentenced to a summary order of 5 million won by the same court on March 3, 2016.
On January 8, 2017, at around 02:10, the Defendant run a 500-meter 3 east-ro from the front of the Yeonsu-gu Incheon Magcheon Authorized Broker 51 to the front road of the same Gu Hag-ro 3 Dobbam-ro 4, 3,000, while under the influence of alcohol concentration of 0.258% during blood without obtaining a driver's license, while driving a Cpoter flaps flaps.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous convictions and related judgments, etc.);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity: Four times the period of punishment for drinking or non-licensed driving is the same, the crime of this case was committed during the period of probation upon a suspended sentence of the same crime, and the circumstances in which drinking value is relatively favorable: The defendant recognized each of the crimes of this case and reflects his depth: The defendant's age, sex, environment, means and consequence of the crime, and other various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.