A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On January 5, 201, the Defendant was sentenced to one year of imprisonment and three years of suspension of execution with labor for a violation of the Road Traffic Act, etc. at the main branch of the Chuncheon District Court on January 5, 201, and on November 25, 2014, the Defendant was sentenced to ten months of imprisonment with labor and two years of suspension of execution with labor for a violation of the Road Traffic Act, etc. at the Gwangju District Court on November 25, 2014, and is still under suspension of execution after the said judgment became final and conclusive.

【Criminal Facts】

On March 30, 2015, the Defendant, while under the influence of alcohol by 0.126% without a driver’s license on March 21, 2015, driven B Poter truck at a distance of about 30 meters from the front line of the 5-lane, in the front line of the mari-gun, Young-gun, the hemp-gun, the lower court driven B Poter truck at a distance of about 10 meters to the front road of about 10.

Summary of Evidence

1. Defendant's legal statement;

1. Records of case photographs, reports on the results of the control of drinking driving, circumstantial statements of drinking drivers, and the register of driver's licenses;

1. Previous records: Criminal records and application of statutes governing judgment;

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the defendant was punished several times for a violation of the Road Traffic Act (driving). In particular, on November 25, 2014, the Gwangju District Court sentenced 10 months of imprisonment with prison labor and 2 years of suspended execution, and committed the instant crime without being informed of the fact that he/she committed the instant crime in spite of the fact that he/she was under suspended execution, and that the blood alcohol content is higher than 0.126%, etc., it is inevitable to sentence sentence.

However, the arguments in this case are contradictory to the defendant, favorable circumstances such as the fact that the crime in this case does not lead to traffic accidents, and other circumstances such as the age, character and conduct, environment, circumstances of the crime, and circumstances after the crime.