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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
"2013 Highest 724"
1. On August 14, 2013, at around 16:15, the Defendant driven Cpoter cargo under the influence of alcohol content of 0.117% without obtaining a driver’s license at a section of about 300 meters from the 300-meter radius to the Gun northIC located within the same Ri.
"2013 Highest 862"
2. On November 8, 2012, the Defendant was sentenced to a suspended sentence of two years for the crimes of violation of the Road Traffic Act (driving) at the Changwon District Court on August 8, 2012, and was under the influence of alcohol as stated in paragraph (1) and was in violation of Article 44(1) of the Road Traffic Act on at least two occasions, the Defendant was under the influence of alcohol as stated in paragraph (1) and was in violation of Article 44(1) of the Road Traffic Act on at least two occasions. On August 29, 2013, the Defendant was driving a Cpoter in the state of being under the influence of alcohol concentration of about 30 meters at approximately 0:15%, while driving the Cpoter in the state of being under the influence of alcohol concentration of 0.15%.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of crackdown on drinking driving, and a written test for drinking;
1. Registers of driver's licenses;
1. Before judgment: References to criminal records and investigation reports (Attachment to attached records of the same kind of force, etc.);
1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on August 14, 2013), Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on August 29, 2013) concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the point of driving without the license) concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. It shall be taken into account the sentencing factors unfavorable to the defendant that the defendant had driven alcohol twice again during the period of suspension of execution due to the same kind of crime for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following sentencing factors).
(b).