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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal’s History of Crime: The judgment of violation of the Labor Standards Act sentenced on November 17, 2016 by Changwon District Court through the Changwon District Court: Imprisonment with prison labor for five months/ suspended execution: The lapse of one year: On November 25, 2016, and five times in total for violating the Road Traffic Act, such as drinking, etc. [criminal facts] Defendant: (a) without a driver’s license; (b) under the influence of alcohol level of 0.083% in blood; (c) under the influence of alcohol level of 0.083% in blood; and (d) around December 17, 2016, the Defendant was driving a motor vehicle of Category B from the front day of the Jinhae apartment located in the Hancheon-dong-dong in the same Gu to the front day of the Jinhae Ships-dong located in the same Gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving, and the application of Acts and subordinate statutes to the ledger before automatic driving;
1. Article 148-2 (2) 3, Article 44 (1), subparagraph 1 of Article 152 and Article 43 of the Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. The former sentence of imprisonment with prison labor that is selected as the one-year sentencing criteria: The grounds for an aggravated sentence of one year: A person who has been sentenced to imprisonment with prison labor for a period of six months: A confession, his/her dependents (referring to the wife, two children, etc.) during the period of probation, and the grounds for mitigation, such as non-existence of public trial: A person who has committed a second offense