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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On June 28, 2013, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Southern District Court, and the execution of the sentence was terminated on December 21, 2014 at the Ansan Prison.
On August 31, 2007, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Seoul Southern District Court, and on November 7, 2016, the Defendant was issued a summary order of fine of three million won for a crime of violating the Road Traffic Act at the Seoul Northern District Court.
On February 28, 2017, at around 22:05, the Defendant driven a clater vehicle under the influence of alcohol content of 0.104% while under the influence of alcohol without obtaining a driver’s license from around 33 in front of the 33-lane, Gangnam-gu, Seoul, the Nowon-gu, Seoul, to the 73-lane, the same water flow route, and without obtaining a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Report on the circumstances of driving without a license;
1. The driver's license ledger;
1. Previous records of judgment: Application of an inquiry letter, investigation report (verification of the records of the same kind of crime), investigation report (verification of the crime during the period of repeated crime) and Acts and subordinate statutes;
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;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Consideration of the circumstances, such as the fact that: (a) the period of punishment for driving for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act was two times; and (b) even during the period of repeated crime, the person again committed the instant crime; and (c) the reflection of the period;