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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
【The Defendant received, on March 26, 2015, a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act at the port support of the Daegu District Court, and on June 5, 2015, a summary order of KRW 3 million as a fine for the same crime, etc. from the Daegu District Court racing support.
In addition, on January 20, 2016, the Defendant was sentenced to a suspended sentence of two years on August 11, 2016, for the crime of violation of road traffic law (dacting driving) at the port support of the Daegu District Court (Tgu District Court).
【Criminal fact-finding on October 14, 2016, the Defendant driven a motor vehicle from the front of the CU convenience store located in Dong-ri, Dong-dong, Gangwon-si, which is the river-dong, in the influence of alcohol by 0.119%, without obtaining a driver’s license for a motor vehicle on October 14, 2016 to the front of the sea water 256 at the center of the race-si, the Defendant driven a motor vehicle of sod, B at the 4 kilometers section from the center of the Sin
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. C’s statement;
1. Indicating the offender's place, report on the occurrence of a traffic accident, investigation report on actual condition, site photograph, statement report on the situation of the driver in charge, inquiry into the results of crackdown on drinking driving, details of the disposition of driver's license cancellation, ledger of driver's license/motor vehicle register; and
1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, a report on the result of confirmation of the previous convictions in disposition, a summary order and judgment, an investigation report (Attachment to the same type of power), and the application of Acts and subordinate statutes of Part II of summary order;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
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 reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of a small amount of punishment have a record of being punished as a crime of violating the Traffic Act on several occasions.
In particular, on January 20, 2016, in the Daegu District Court's Port Branch, two years of suspension of execution is imposed on imprisonment for the violation of road traffic law (divated driving).