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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal history] On November 22, 2012, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violating road traffic laws in the Incheon District Court’s Busan District Court’s Branch on November 22, 2012, and was sentenced to a summary order of KRW 3 million for a crime of violating road traffic laws in the Seoul Southern District Court on October 29, 2015, and on February 2, 2017, the Seoul Southern District Court was sentenced to a summary order of KRW 3 million for a crime of violating road traffic laws (drinking) and a crime of violating road traffic laws (licensed driving) in the Seoul Southern District Court’s Seoul Southern District Court on February 2, 2017, and was sentenced to a suspended sentence of KRW 2,00,000 for a period of suspension of execution.
[2] On October 8, 2017, the Defendant driven a e-mail XD car at approximately 4 km from the Guro-gu Seoul Metropolitan Government D apartment, the Defendant’s residence, to the front road of “salero high” located in 579, Seocheon-si, Seocheon-si, Seoul, without obtaining a driver’s license, while under the influence of alcohol leveling 0.142% during blood, while under the influence of alcohol leveling 0.142%.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of alcohol, the statement of the situation of the driver of the driving, the report on the situation of the driving of the vehicle and the driver's license register
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 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. For the reasons of sentencing under Articles 53 and 55(1)3 of the Criminal Act, the sentence as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the Defendant’s age, occupation, sex, family relation, living environment, circumstances leading to the commission of the crime; and (b) the conditions of sentencing indicated in the record, such as the circumstances after the commission of the crime.
- Drinking driving is in need of strict punishment as it is highly dangerous and social harm is considerable.
- The Defendant is not familiar with a fine already imposed on several occasions due to drinking driving or a suspended sentence of imprisonment, as stated in its reasoning.