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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On May 31, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of the Road Traffic Act, and a summary order of KRW 4 million for the same crime at the Seoul Central District Court on February 3, 2015, respectively. On June 1, 2017, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act at the Seoul Northern District Court on June 201.
On February 26, 2019, at around 17:18, the Defendant driven a Dbee cruise car in the state of alcohol concentration of 0.119% without a car driver’s license from the front side of the building B in Mapo-si, Seoul to the front side of Gwangjin-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. Registers of driver's licenses, reports on the results of the control of drinking driving, circumstantial statements of drinking drivers, and investigation reports (report on the circumstances of drinking drivers);
1. Previous records: Criminal history records, and the application of statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: The circumstances favorable to the fact that a person has been punished four times due to drunk driving, and even though he/she had been punished two times due toless driving, he/she also has been under the suspension of execution, reflects his/her mistake and repents his/her behavior during the suspension of execution, and take into account the defendant's age, character and behavior, motive, means and consequence of the crime, and the conditions of sentencing as shown in the arguments,