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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal history] On November 6, 2014, the Defendant was issued a summary order of KRW 4 million by a Jeju District Court due to a violation of the Road Traffic Act (driving). On April 26, 2017, the Defendant was sentenced to imprisonment with prison labor for ten months and two years of probation.
[Criminal facts] On January 7, 2018, the Defendant driven a C-ro vehicle with alcohol content 0.246% under the influence of alcohol without obtaining a driver’s license from around about 1km to the entrance intersection of the Hando Forest in the port located in the Hando Forest Eup, Han-si, Han-si, Han-si, the Jeju-si, the Jeju-do, at around 14:20 on January 7, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports, investigation reports, and inquiry into the results of crackdown on drinking driving;
1. Related photographs and the list of reported cases;
1. The driver's license ledger;
1. Previous convictions in judgment: The application of a reply to inquiry, such as criminal history (A), summary order, and the text of the judgment;
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. The Defendant’s reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount is against the recognition of the instant crime.
However, the Defendant was sentenced to three times or punishment due to drinking from around 2003 to around 2014, and was driving under the influence of drinking on December 28, 2016, and on February 25, 2017, the Defendant was sentenced to imprisonment with labor on April 26, 2017 and two years of suspended execution.
Such other circumstances and the circumstances leading to the instant crime, including the background leading up to the instant crime, the age, environment, and circumstances after the instant crime, shall be considered together, and the sentence shall be determined as ordered.