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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal power] On November 27, 2008, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Changwon District Court on June 27, 2008; on April 8, 2010, the same court was sentenced to a fine of KRW 1,500,000 as a crime of violating the Road Traffic Act (driving without obtaining a license); and on May 16, 201, the same court was sentenced to a fine of KRW 2,00,000 as a crime of violating the Road Traffic Act (driving without obtaining a license); and on May 23, 201, the same court was sentenced to a fine of KRW 2,00,000 by the same court.
After that, on September 20, 2012, the same court was sentenced to two years of imprisonment with prison labor for a violation of the Road Traffic Act, and it became final and conclusive on September 28, 2012, and is currently under probation.
【Criminal Facts】
On May 16, 2013, at around 20:20, the Defendant driven BCA 110 Obaba while under the influence of alcohol with approximately 100 meters alcohol concentration 0.158% without obtaining a motorcycle driver’s license from the front side of the food felb in Kimhae-si to the front side of the Samsung apartment located in Kimhae-si.
Summary of Evidence
1. Nos. 1 to 5 and 8 of the evidence list submitted by the Prosecutor (hereinafter “Evidence List”).
1. Previous convictions in judgment: Application of the law No. 6, 7 of the evidence list;
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 2 of Article 154 and Article 43 of the Road Traffic Act;
1. Article 40 and Article 50 of the Criminal Act, the choice of punishment, and the choice of imprisonment;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (in the case of an Lao driving, taking into account the fact that the risk is relatively less than that of an automobile);