A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On December 24, 2010, the Defendant was issued a summary order of a fine of one million won for a violation of the Road Traffic Act at the Gwangju District Court, and on November 26, 2015, the Defendant was sentenced to a suspended sentence of two years for six months for a violation of the Road Traffic Act at the Gwangju District Court, and on December 4, 2015, was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act at the Gwangju District Court on December 24, 2015.

[2] On April 8, 2016, the Defendant driven a BM520 vehicle under the influence of alcohol content of 0.092% while under the influence of alcohol without a driver’s license from approximately 2km section from the front of the restaurant to the front road of the MaG Saemaul Saemaul Bank located in the same Gu, which was located in the Seo-gu, Seo-gu, Seo-gu, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a copy of the judgment attached);

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. In light of the fact that the person committed the instant crime without being aware of the fact that he/she had been sentenced several times of punishment due to driving under drinking for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment, and that he/she committed the instant crime without being aware of the fact that he/she was under suspension of execution

However, the fact that the crime of this case is against the law, and the fact that the crime of this case does not lead to a traffic accident, etc. shall be considered as favorable circumstances.

In addition, comprehensively taking into account all the sentencing conditions shown in the pleadings of the instant case, such as the age, sex, environment, background of the crime, and circumstances after the crime, the punishment shall be determined as ordered (the sentencing criteria are not set).