A defendant shall be punished by imprisonment for six months.

Punishment of the crime

At around 20:00 on August 23, 2015, the Defendant driven C-wing Cargo with about 300 meters alcohol concentration while under the influence of alcohol of 0.101% without obtaining a driver's license in the section of about 300 meters of blood alcohol level from the 'Dongnam Cargo located in the Sejong-gu Eup in Jeju-si on August 23, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Report on the circumstantial statement of a drinking driver, and report on the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. From 2000 to 2005, the Defendant was punished three times by a fine on the grounds of refusal of drinking alcohol measurement, non-licensed driving, etc., and in 2008, the Defendant was sentenced to a conditional suspension of execution due to drinking measurement, non-licensed driving, etc., and was sentenced two times more by a fine until 2011 even after drinking and non-licensed driving.

Then, in 2012, the Defendant was sentenced to a suspended sentence of two years and an order to attend a lecture in one year and two months after he committed a traffic accident while driving without a license. On November 2014, the Defendant was sentenced to a fine even after driving without a license. However, at the same time when one year has not passed from the date, the Defendant was sentenced to a non-license or a drunk driving of this case.

Even when considering the defendant's assertion that he had no choice but to drive for living, the defendant has continuously been driving while driving in the past, even though he had the history of causing the accident and causing damage to others.