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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On October 16, 2012, the Defendant was sentenced to a summary order of a fine of four million won for a violation of the Road Traffic Act in the Seo-gu District Court's branch court's order on October 16, 2012, and on November 15, 2013, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for the same crime in the same court on November 15, 2013, and
On June 27, 2014, at around 00:20, the Defendant driven a B Poter under the influence of alcohol concentration of about 0.146% without obtaining a driver’s license from approximately 3km section from the front of a cafeteria located in the Seogdong-gu, Daegu-gun, Daegu-si to the front of the 205-dong, Seogdong-gu.
Accordingly, the defendant, without driver's license, has violated Article 44 (1) of the Road Traffic Act more than twice, and has driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. A driver's license inquiry;
1. A report on detection of a host driver;
1. Statement in extenuating circumstances of a driver;
1. Previous records of judgment: Criminal records, etc., inquiry report (A), investigation report (a copy of the judgment on the same kind of case, etc.), two copies of summary order, and one copy of the judgment shall be applied;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant was not aware of the fact that he was sentenced to a suspended sentence of imprisonment due to his accident while under the influence of alcohol and was sentenced to a suspended sentence of imprisonment again during the period of the suspended sentence, and the drinking or non-licensed driving was also conducted during the suspended sentence, and the case is high as 0.146% and so the defendant is sentenced to the punishment, but the defendant is led to confession and reflectness of the defendant, and the punishment shall