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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal history] Violation of the Road Traffic Act (Drinking in 2007): A fine of one million won: A violation of the Road Traffic Act (Drinking in 2017): A fine of one million won and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drinking Vehicle 2009): Imprisonment with prison labor for one year/ suspended sentence three years; a protective observation; an order to attend lecture; and a community service order / [criminal] Defendant without a driver's license; a person driving a vehicle at a level of approximately 50m from the front of the new bank located in the south-dong in Chang-gu, Sungwon-si on November 06, 2017, with alcohol concentration of 0.133% while under the influence of alcohol during blood alcohol level; and around 00/00 on November 06, 2017, from the front of the new bank located in the south-dong in Changsi-si, Changwon-si;
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the result of crackdown on driving alcohol;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to inquire about criminal history;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Imprisonment with prison labor chosen;
1. The sentence of imprisonment with prison labor for one year and six months: The reason why the punishment under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate the amount of imprisonment with prison labor is that the punishment is not set forth: The imprisonment with prison labor for a period of one year and six months: The degree of alcohol in high blood, accumulated previous convictions for the same kind of punishment (time when a fine for driving without obtaining permission for two times a fine for driving without permission in the judgment), etc.; confessions, dependents, etc.;