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A defendant shall be punished by imprisonment for six months.
Reasons
Criminal facts
On April 19, 2012, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act (not after-accident), etc., and completed the execution of the sentence on September 1, 2012 at the Chang Prison on September 1, 2012. On June 11, 2008, the Defendant was sentenced to a summary order of a fine of three million won for a crime of violation of the Road Traffic Act (driving) on March 10, 2008, and was sentenced to four months of imprisonment and a suspended sentence of two years.
On March 5, 2015, at around 01:40, the Defendant driven a car under the influence of 0.10% alcohol concentration of 0.102% without obtaining a driver's license from a public parking lot located in the father-dong in Kim Jong-si, Kimyang-si to the roads in the same Dong-do.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes to criminal records and investigation reports (verification of the date of final release);
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. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The following circumstances were taken into account in determining the sentence, such as the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, in light of discretionary mitigation.
- Unfavorable circumstances: The fact that there is a lot of history of punishment due to traffic relation violations, the fact that the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Act on the Aggravated Punishment, etc. of Specific Crimes (Free Driver's License) is a crime committed during the repeated crime period - Other favorable circumstances such as confession and reflects, etc.