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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On January 27, 2010, the Defendant sentenced the Jeju District Court to six months of imprisonment for a violation of the Road Traffic Act (driving). On August 1, 2010, the Defendant completed the final sentence in the Jeju Correctional Institution.
On May 20, 201, around 00:05, the Defendant driven a C rocketing car with approximately 300 meters alcohol concentration 0.165% under the influence of alcohol without a vehicle driver’s license from the section of approximately 300 meters from the Do in front of the Geum-do Eup, Chungcheongnam-do to the front road of the Dok-do located in the same Ri.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver, and report on the status of a host driver;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the expiry date of punishment);
1. Article 148-2 Subparag. 1, Article 44(1), subparagraph 1, and Article 43 of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 2011; Act No. 10790, Dec. 9, 201);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition, the choice of imprisonment;
1. The reason for sentencing the proviso of Article 35 and the proviso of Article 42 of the Criminal Act among repeated offenders is the period of repeated crimes, and the fact that the defendant has also been driving a license for drinking without drinking during the period of repeated crimes and has been sentenced several times of fines, however, the fact that the case leads to this case.