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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On March 30, 2015, the Defendant was sentenced to a summary order of a fine of three million won or more due to a crime of violating the Road Traffic Act (drinking driving), and a summary order of three million won or more due to the same crime at the same court on June 8, 2016, and was punished on two or more occasions as a crime of violating the Road Traffic Act (drinking driving).
On July 22, 2016, at around 22:30, the Defendant driven a car at approximately 10km section from the front of the dwelling in Gangnam-gu Seoul, Seoul, to the front road of about 136, Dong-si, Dong-si, Dong-si, 136, 136, and without obtaining a driver’s license, and drive C Costasch under the influence of alcohol concentration of 0.061%.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. A written statement prepared by the defendant;
1. Reporting on detection of suspects in violation of traffic laws on roads;
1. Inquiries about the results of crackdown on drinking driving;
1. Notice of completion of correction;
1. The circumstantial report of the driver employed at the main place;
1. Report on the circumstances of driving without a license;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;