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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal history] On April 26, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating road traffic laws at the Jung-gu District Court on January 19, 2012, and was sentenced to a fine of KRW 4 million for a crime of violating road traffic laws at least twice due to a violation of road traffic laws at the Jung-gu District Court on January 19, 2012, and was sentenced to a fine of KRW 2 million for a crime of violating road traffic laws at least twice. On May 29, 2018, the Defendant was sentenced to a suspended sentence of one year for a crime of violating road traffic laws at the Jung-gu District Court on June 6, 2018.
[2] On April 28, 2018, the Defendant driven a C SP motor vehicle without a driver’s license in a state of under the influence of alcohol with approximately 0.157% alcohol concentration from approximately 100 meters away from the 125-lane 125-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;
1. Previous convictions in judgment: Application of an inquiry letter, reference materials, such as criminal history, and the submission 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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the fact that it is necessary to consider the equity with the case of being punished with a crime of violating traffic laws on roads for which a judgment has become final and conclusive, and that it is against the law of traffic] of the Act on the Mitigation of Small Quantity, and the defendant has reached four times the history of driving alcohol, and one of them has been sentenced one time, and the non-licensed driving power is also one time.
Above all, the defendant is sentenced to a punishment for the defendant who repeatedly drives the drinking of this case without being aware of even though the defendant is under trial due to drinking.
However, it is punished together with a crime of violating the Road Traffic Act (drinking) which has become final and conclusive.