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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On July 26, 2012, the Defendant was sentenced to a fine of KRW 10 million due to a crime of violating road traffic laws at the Seoul Central District Court on July 26, 2012, and was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution for the same crime in the same court on August 26, 2015.
On February 6, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle on February 11, 2016, driven a Droberdi vehicle over approximately 50 meters from the road located in the Gangnam-gu Seoul Newdong to the road located in the same Gu, with alcohol concentration of 0.119%.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. Previous convictions in judgment: The application of inquiry statements, investigation reports (the same previous convictions) 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 (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. It is so decided as per Disposition on the grounds of not less than Article 53 and Article 55(1)3 (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201) of the Criminal Act.