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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On June 27, 2008, the Defendant received a summary order of KRW 1 million from the Suwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3.5 million from the same court on June 8, 201 to a fine for a violation of the Road Traffic Act.
On September 21, 2013, around 21:45, the Defendant driven a rocketing car with approximately 100 meters alcohol level 0.173% under the influence of alcohol level 0.173%, without obtaining a driver’s license, from the Dor in the front of the Jinjin-si, Yacheon-si to the front of the Yacheon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol and the results of the control of drinking driving;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (attached reporting, such as a copy of summary order);
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 (the punishment shall be imposed for a violation of the Road Traffic Act with heavier punishment);
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 201Do139, Apr. 1, 20