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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On October 14, 2010, the defendant was sentenced by the Incheon District Court to imprisonment with prison labor for special larceny, violation of the Road Traffic Act (free license) and special robbery, etc. and is currently under suspension of execution for two years and six months.
On 02:02 on 28, 2013, the Defendant driven C vehicle at a section of approximately 300 meters of alcohol content without a car driver’s license from the section of approximately 300 meters in front of the Gu drawing 553 in front of the Gu drawing Dong-dong, Nam-gu, Incheon.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of crackdown on drunk driving, report on the situation of driving without a driver's license, and circumstantial statement of a driver with a driver without a driver's license;
1. A driver's license inquiry;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports;
1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with more severe punishment);
1. Reasons for sentencing selective sentence of imprisonment with prison labor;
1. The scope of applicable sentences under law: Imprisonment for six months to one year; and
2. Determination of sentence: Imprisonment with prison labor for 6 months (limited to reasonable circumstances) (the period of imprisonment for 8 months or 2 years or more from the Incheon District Court for the violation of the Road Traffic Act, theft, and violation of the Road Traffic Act, and the suspension of execution for the same year).
7. The fact that there are many criminal records such as 20. 20., Nov. 1, 2004; 1. 5. 2003. Dec. 5, 2003; 1. 2. 1. each of the violation of the Road Traffic Act (driving without a license) or the violation of the Road Traffic Act (driving without a license) and the violation of the Road Traffic Act (driving without a license). There are many criminal records such as other violence, theft, fraud, electronic financial transaction act, violation of the Military Service Act, and violation of the Road Traffic Act; the fact that the driver's license is repeatedly committed without a license or drinking without a license; and the summons of the trial of this case.