A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On March 26, 2010, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and on September 9, 201, the same court issued a fine of KRW 3 million for the same crime, etc., and on June 7, 2013, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court.

【Criminal Facts】

On August 14, 2015, the Defendant driven B truck under the influence of alcohol content of 0.171% without obtaining a driver’s license at approximately 12 km section from the insular area to the front road of the wind farm in Gwangju Seo-gu, from August 22:58, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of judgment attached);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The sentence of a sentence is inevitable in light of the following: (a) the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is the fine for a drunk driving in 2010; (b) the fine for a drunk driving in 2011; (c) the driving without a license for alcohol in 2013; and (d) the crime of this case was committed at the same time as the period of the suspended sentence expires; and (c) the degree of the blood alcohol concentration is very high.

However, considering the fact that the crime of this case did not lead to traffic accidents, and the age, character and conduct, environment, circumstances of the crime, circumstances after the crime, etc., all of the sentencing conditions shown in the arguments of this case shall be determined as ordered.