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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On December 21, 2010, the Defendant is a person who was sentenced to a fine of two million won or more for the same crime in the Changwon District Court's Jinju branch on the same day, and a person who was sentenced to a fine of two million won or more for the same crime in the same court on January 24, 2013 and was sentenced to a fine of two million won or more for the same crime.
[2013 Highest 1020] On August 22, 2013, the Defendant driven a C Acardi vehicle while under the influence of alcohol content 0.236%, without obtaining a driver’s license, from a section of about 50 meters from the road in the direction of “Saari Center” to the road of “Saari Center” in the city of Sacheon-si.
[2013 Highest 1059] On August 4, 2013: (a) around 23:10, under the influence of alcohol concentration of 0.168% without a driver’s license, the trade name of Sacheon-si is driving CAcar car volume equivalent to 80 meters for the same road in front of the city in front of the city in the city in Sacheon-si without a driver’s license.
Summary of Evidence
[2013 Highest 1020]
1. Defendant's legal statement;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Registers of driver's licenses;
1. A written inquiry report on criminal records, etc. (2013 high group 1059);
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A report on detection of a host driver;
1. The ledger of driver's licenses;
1. Application of statutes concerning criminal records;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of driving under influence of alcohol), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving without permission);
1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes ( mutually between the crimes of violation of the Road Traffic Act and the crimes of violation of each Road Traffic Act);
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Although the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has no record of being sentenced to a suspended sentence or heavier punishment due to drinking driving, and the defendant is divided into errors.