Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant was sentenced to four months of imprisonment for a violation of the Road Traffic Act in the Cheongju District Court Support on July 3, 2008, and on August 30, 2012, the Defendant was sentenced to six months of imprisonment for the same crime in the wooden Branch Support of the Gwangju District Court on August 30, 2012, and had six times of the same power, such as completing the execution of the sentence on February 26, 2013.
On March 28, 2014, at around 01:45, the Defendant, without a driver’s license, driven C truck at a section of about 2 km to the front of the 149 (intersection) live road from the day before the frequency of “phishing 82, Yancheon-ro, Yancheon-ro, Yancheon-do, 0.167% of alcohol level without a driver’s license.”
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of drivers, report on the circumstances of drivers, and the register of drivers' licenses;
1. Previous convictions in judgment: An inquiry report-criminal history, an investigation report (report on the attachment of judgment, etc. and the confirmation of the fact of release from court), written judgment and summary order eight copies of the judgment and the application of Acts and subordinate statutes on the number and confinement status of individuals;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 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. The reason for sentencing Article 35 of the Criminal Act among repeated crimes is that the defendant has been punished for six times due to drunk driving, and the criminal records among them are also two times.
Nevertheless, in light of the fact that the defendant commits another crime during the period of repeated crime due to drinking driving, and that the blood alcohol concentration is very high to 0.167%, the defendant should be punished strictly.
In addition, the punishment shall be determined as ordered by taking into account all other conditions of sentencing.