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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On January 24, 2007, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) at an Ansan Branch of the Suwon District Court on January 24, 2007, and a fine of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) at the original branch of the Chuncheon District Court on June 15, 2009, respectively, and on August 16, 2012, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving).
1. On May 23, 2013, the Defendant: (a) around 20:15, the Defendant driven a gallon vehicle with a blood alcohol concentration of about 0.07% while under the influence of alcohol, without obtaining a driver’s license, in a section of about 800 meters from the bridge located in a water white-section located in the Sinwon-gun, Gangwon-do, and the same day from around 20:17 on the same day to the stock farm located in the same Gun or Ri.
As a result, the defendant has been driving a motor vehicle under the influence of alcohol, even though he has violated the prohibition of driving more than twice.
2. Around 20:25 on May 30, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) and operated a gallon vehicle listed in paragraph (1) without obtaining a driver’s license in the section of approximately 1.5 km from the gallon reservoir located in the galking-gun of Gangwon-do to the galking distance located in the same area of 20:35 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the reporting on the situation of running a motor vehicle on the ledger of driver's licenses;
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; and
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen of the kind of punishment (with regard to the same criminal records, etc. of several times);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reasons for sentencing under Articles 53 and 55(1)3 (see, e.g., reflectiveness) of the Criminal Act are the same criminal records for the accused, and the accused is the same.