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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal history] The Defendant was sentenced to a summary order of a fine of three million won due to a violation of the Road Traffic Act (drinking) at the Incheon District Court on January 26, 201, and was sentenced to a suspended sentence of two years for a crime of violation of the Road Traffic Act at the Incheon District Court on October 17, 2011. On April 8, 2015, the Defendant was sentenced to a suspended sentence of one year for a crime of violation of the Road Traffic Act (drinking) at the Incheon District Court on April 17, 2015, and was sentenced to a suspended sentence of three years for a suspended sentence of one year for a crime of violation of the Road Traffic Act (drinking) at the Incheon District Court on September 17, 2015, and the
[2] Around January 31, 2017, the Defendant, without obtaining a driver’s license, driven a Croping car under the influence of alcohol of approximately 0.105% of alcohol concentration in blood at a section of about 1km from the Do near Seo-gu Incheon, Seo-gu, Incheon to approximately 3-ro, Seosan High School.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. The driver's license ledger;
1. Previous records: Results of inquiry, results of confirmation of the previous records of disposition, and application of Acts and subordinate statutes to a report on investigation (related previous records and court records);
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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Article 53 and Article 55(1)3 of the Act on the Reduction of Small Amount of Punishment is that the Defendant, who had been already punished twice or more due to driving of a motor vehicle, drives a motor vehicle without a driver's license in the state of under the influence of alcohol, has the record of being subject to criminal punishment several times due to the same crime even before, and the Defendant has the record of being subject to criminal punishment several times due to the same crime. On April 8, 2015, the Incheon District Court was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (driving) at the Incheon District Court, which was sentenced to a suspended sentence of three years.