Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On March 19, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and on April 17, 2009, the Defendant was issued a summary order of KRW 2.5 million for the same crime at the same court on April 17, 2009, and on June 14, 201, upon being sentenced to a fine of KRW 7 million for the same crime in the same court on June 14, 201, and was issued a summary order of KRW 7 million for the same crime at the same court on May 27, 2016.
On April 10, 2016, the Defendant driven CK three motor vehicles under the influence of alcohol content of 0.101% in blood while under the influence of alcohol without obtaining a driver's license from the end point of the bus (Gu) 35 times in Jinju-si to the end of the end of the bus located in the same Dong from about 40 meters to the end of the end of the bus located in the same Dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. The driver's license ledger;
1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (a summary order and judgment);
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. Imprisonment with prison labor chosen;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Act on Reduction of Small Quantity are as follows: (a) the Defendant recognized his mistake and submitted a rebuttal on several occasions to prevent recidivism; (b) the Defendant had been punished for driving without a license for drinking alcohol on about 12 occasions even after 2005; and (c) the Defendant had been sentenced to a fine for the crime of driving without a license for drinking alcohol on several occasions, such as being sentenced to a fine for the crime of driving without a license for driving without a license; (d) however, again, the Defendant’s driving of drinking or non-license for driving without a license for driving without a license for the instant case shows that the Defendant was almost ordinarily and habitually.