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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
【Criminal Power】 On June 25, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Incheon District Court on June 30, 2008, the Incheon District Court on June 30, 2008 to a suspended sentence of two years for ten months, and a fine of six million won for a violation of the Road Traffic Act at the Incheon District Court on October 2, 2012, respectively.
【Criminal Facts of Crimes】 On April 13, 2013, at around 20:45, the Defendant driven Cone Star-kicking Vehicle with approximately KRW 0.143% of the blood alcohol concentration without obtaining a driver’s license from the front side of the “Mapo-gu, Incheon, Bupyeong-gu, Incheon, 539” to the front side of the “Mapo-gu, Incheon, Bupyeong-gu, 170-49” (hereinafter “Mapo-gu”).
Summary of Evidence
1. Defendant's legal statement;
1. Report on proper launch of drivers, and the register of driver's licenses;
1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation recognizes the Defendant’s mistake and reflects the Defendant’s wrongness. Although there exists a relatively short distance from driving without a license in this case, the Defendant may have the power to be punished for the same kind of crime, and the Defendant again commits the instant crime even if he/she was issued a summary order of KRW 6 million due to driving without a license, other than the criminal records as indicated in the judgment, even if he/she was sentenced to a summary order of KRW 6 million on March 14, 2013 due to drinking or without a license, and all other conditions of sentencing, such as the Defendant’s age, character and conduct, home environment,