A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On September 6, 2013, the Defendant was sentenced to six months of imprisonment by the Seoul Central District Court due to a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving). On March 24, 2015, the Defendant was sentenced to eight months of imprisonment on September 23, 2015 and completed the execution of the sentence on September 23, 2015.

On March 2, 2017, the Defendant driven a motor vehicle B-class cargo vehicle without a driver's license while under the influence of alcohol content of about 0.087% at a section of about 30km from the front of the water market in the Sinyang-dong in the Gunyang-si to the front of the 1161 (Yeong-dong) of Sinung-si, Sinung-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of drinking alcohol and reporting on the situation of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force), personal identification/ confinement status, to Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. In light of the reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act, it is inevitable for the Defendant to severely punish the Defendant in light of the fact that the Defendant was sentenced to a fine and a punishment on several occasions due to drinking, driving without a license, and again commits the instant crime during the period of repeated crime for the same kind of crime.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the Defendant’s confession of the instant crime, the Defendant’s age, sexual conduct, environment, circumstances after the commission of the crime, etc., and the sentencing conditions as shown in the trial process.