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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On July 22, 2016, the Defendant was issued a summary order of a fine of two million won as a crime of violating the Road Traffic Act (drinking driving) by the Incheon District Court in Incheon District Court, and on November 23, 2016, the Defendant was sentenced to a suspended sentence of six months by imprisonment with labor for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court.
On April 7, 2018, the Defendant driven a motor vehicle with approximately KRW 500 meters from the front side of the packing horse in which it is impossible to identify the trade name in the original valley of the members of Ansan-si, a member of Ansan-si, to the front side of the training center located in the original valley-dong of the member of Ansan-si, without obtaining a driver's license, while driving a motor vehicle with approximately 0.135% alcohol concentration while under the influence of alcohol level 0.135% while under the influence of alcohol level during blood.
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, and criminal investigation report (Attachment to the text of the judgment, etc.);
1. Article 148-2 (1) 1, Article 44 (1) (driving of Drinking), Article 152 (1) and Article 43 (Unlicensed Driving) of the Traffic Act concerning the facts constituting an offense under the relevant Article of the Act (Selection of Imprisonment);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. It is so decided as per Disposition on the grounds of Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity (including the defendant's previous convictions, etc., seven times the same criminal records as the defendant's judgment, the defendant committed the instant crime during the period of suspension of execution, the amount of alcohol concentration during blood, driving background, distance of alcohol, etc.) or more.