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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On April 30, 2009, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment with prison labor for a crime of violation of the Road Traffic Act at the Gwangju District Court on April 30, 2009, and was sentenced to a fine of 5 million won by the same court on July 6, 2012.
On October 5, 2013, the Defendant driven a motor vehicle under the influence of alcohol on at least 0.156% of alcohol level without obtaining a driver’s license in a section of about 200 meters from the front of the Vietnam-dong in Gwangju Mine-gu to the fourth apartment zone in front of the same Dong-dong, and drive a motor vehicle under the influence of alcohol at least twice in the state of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each Act and subordinate statute to entries in the records of the control of drinking and driving, the register of driver's licenses, driver's licenses, inquiry of driver's licenses, and the statement on the state of drinking drivers;
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 for discretionary mitigation is that the defendant has been punished four times for a drunk driving between the last ten years and three times for a without a license. In particular, the defendant committed a drunk driving again even though he was sentenced to a fine by driving again during the period of suspension of the execution due to a drunk driving, the defendant is against the defendant, and the punishment is determined as ordered, taking into account the following factors: (a) the fact that the defendant committed a drunk driving again while he was sentenced to a fine by driving again during the period of suspension of the execution due to a