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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On November 16, 2012, the Defendant was sentenced to a fine of 4.5 million won due to a violation of the Road Traffic Act (driving) at the District Court of Jung-gu District on November 16, 2012, and a fine of 4.5 million won due to the same crime at the same court on November 29, 2013, respectively, for six months and
As above, the Defendant, who violated Article 44(1) of the Road Traffic Act more than twice on March 12, 2014, driven a DNA car at a 300-meter radius from the front of the Saturdays-dong in the Guri-si in the condition of under the influence of alcohol by 0.124%, without obtaining a driver’s license on March 12, 2014.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the status of drinking drivers;
1. Registers of driver's licenses;
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
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 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007)