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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On February 6, 2012, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Changwon District Court on February 6, 2012. On August 30, 2013, the Defendant was sentenced to imprisonment with prison labor for the same crime, etc. at the same court on August 30, 2013. On December 20, 2013, the Defendant was sentenced to imprisonment with prison labor for the attempted rape on September 28, 2015 and completed the execution of the sentence on September 28, 2015. On April 25, 2017, the Defendant was sentenced to imprisonment with prison labor for the violation of the Road Traffic Act at the Changwon District Court on April 25, 2017, and the Defendant appealed and is currently pending in the appellate trial.
Although the Defendant had had a dice driving force twice or more as above, on April 8, 2017, while under the influence of alcohol content of around 00:58, the Defendant driven a dice-line vehicle without a motor vehicle driver’s license at a distance of about 50 meters from a distance of about 50 meters to the front road of the convenience store of the Marine Corps located in the Seocho-si, Changwon-si, Changwon-si, a flow-based car in front of the Marine Corps.
As a result, the Defendant, who has driven a motor vehicle twice or more times, once again driven a motor vehicle without a driver's license under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver making a drinking and report on the results of crackdown on drinking driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes as the result of prisoners search;
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. In full view of the circumstances that the Defendant, who had been punished several times due to the reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes (a lack of sentencing guidelines) and traffic-related crimes, committed the instant crime during the period of repeated crimes, etc., committed the instant crime, and reflects his or her mistake, and reflects other favorable circumstances.