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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal history] The Defendant was sentenced to a summary order of KRW 3 million on September 19, 2006 due to a violation of the Road Traffic Act (drinking driving), etc. on November 13, 2008, and was sentenced to imprisonment with labor for the same crime in the same court on November 13, 2008, and was sentenced to imprisonment with labor for one year for a violation of the Road Traffic Act (dacting driving) at the same court on June 8, 2010, and on January 30, 2015, the Defendant was sentenced to a suspended sentence of one-year imprisonment with labor for a violation of the Road Traffic Act (dacting driving) and on February 7, 2015, for the same court on February 7, 2015.
[2] On May 19, 2016, the Defendant, while under the influence of alcohol 0.123% during blood transfusion, driven a C Poter Cargo in the section of about 3 km from the front of the educationally French non-cafeteria to the third 294 km road at the time of innju, without obtaining a driver’s license, at around 0.123%.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial report on the drivers of the primary drivers and the report on the detection of the primary drivers;
1. The driver's license ledger;
1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports;
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. The same sentence shall be imposed upon the defendant, who committed the instant crime while under the suspension of execution, considering the fact that the defendant committed the instant crime while committing the instant crime, which has been punished several times due to a traffic-related crime on the grounds of sentencing (three times of imprisonment with prison labor, three times of suspended execution of imprisonment with prison labor, two times of suspended execution of imprisonment with prison labor, and eight times of fines) under Articles 53 and 55 (1) 3 (Confession and reflect) of the Criminal Act.