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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. The Defendant of criminal records was sentenced to two years of imprisonment with prison labor for a violation of the Road Traffic Act, etc. in the Daegu District Court Kimcheon Branch on August 6, 2009, and was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act, etc. in the same court on April 21, 2010, which was under suspension of execution, and the judgment became final and conclusive on April 26, 2010, and the sentence of suspension of execution becomes null and void, and the period of parole was paroled on June 30, 201 and passed on July 16, 201.
2. Criminal facts;
A. The Defendant, at around 05:10 on August 3, 2012, while under the influence of alcohol with a blood alcohol content of 0.153% without obtaining a driver’s license on August 3, 2012, the Defendant driven C rocketing and other automobiles on the road front of the building in the south through the south of the Gu.
B. On May 14, 2013, under the influence of alcohol with a blood alcohol content of 0.292% without obtaining a driver’s license on May 14, 2013, the Defendant driven approximately 4 km up to the gold dust distance located in the original city in the Gunsi-dong of the Sinsi-si in the Gunsi-si of the Republic of Korea, where the Defendant was under the influence of alcohol with a blood alcohol content of 0.292%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of each drinking driver, report on detection of each drinking driver, and results of crackdown on drinking driving;
1. Registers of driver's licenses;
1. Mandatory insurance policies;
1. Previous records of judgment: Criminal records, etc., a written inquiry by the prosecution, a criminal investigation report by the prosecutor (report on the confirmation of crimes during the period of previous records and attachment of judgments, repeated crimes), personal identification, and application of Acts and subordinate statutes
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (a point of sound driving), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of driving without a license) concerning criminal facts, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (a point of operating automobiles which are not mandatory insurance);
1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of drinking and driving)