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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On December 17, 2012, the Defendant issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court on December 17, 2012, and a summary order of KRW 2 million for the crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court on January 2, 2013.
At around 22:50 on August 13, 2013, the Defendant driven B K5 vehicle under the influence of alcohol level of 0.176%, without obtaining a driver’s license, from the front of the cafeteria located in the principle of Yancheon-gu, Nam-gu to the front of the knan-gu, Nam-gu, Mancheon-gu, Seoul to the front of the knan-do road located in the principle of Yancheon-gu, Nam-gu, Yan-do.
Summary of Evidence
1. A protocol concerning the police interrogation of the accused;
1. A report on detection of a host driver;
1. Registers of driver's licenses;
1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment) and other Acts and subordinate statutes;
1. Relevant Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act - Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;