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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal history] On April 1, 201, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Suwon District Court’s Eunpyeong District Court’s House on April 1, 201, and was sentenced to a fine of five million won for the same crime at the Suwon District Court’s House on May 22, 2013, and was sentenced to a fine of five million won for the same crime on October 20, 2016, and was sentenced to two years of suspension of execution in August 28, 2016 for the same crime in the Sungnam branch’s Support to Suwon Branch of Suwon District Court on October 28, 201.
[2] On March 14, 2017, the Defendant driven a car in the Cnish Do with alcohol level of about 0.085% while under the influence of alcohol level of about 700 meters from the front of a restaurant where the trade name in the front of the Bongbuk-gun is unknown on March 14, 2017 to the front of the entrance of the village of 1st century at the same 700 meters, without a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the liquor:
1. Report on the circumstances of driving without a license;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Making teas;
1. Details of inquiries about management of the master report;
1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to the judgment, etc. of the same kind of case);
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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (Punishment provided for in the crimes of violating the Road Traffic Act with heavy punishment);
1. Although the Defendant was sentenced to imprisonment for eight months on October 2016 or two years of suspended sentence due to drinking and driving without a license, the Defendant should be sentenced to imprisonment at once, since he/she again committed the instant crime, even though he/she was sentenced to imprisonment for eight months on October 2016.
In light of the above circumstances and the defendant's age, sex, environment, background, means and consequence of the crime, and the circumstances after the crime, the sentence is ordered.