A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 16, 2014, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Busan District Court on July 16, 201, to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) and to a fine of KRW 8 months and a suspended sentence of two years for a crime of violation of the Road Traffic Act (driving) at the Seocho Branch Branch of the Busan District Court on June 14, 2017, and the judgment was

On March 31, 2018, the Defendant, without a driver’s license on March 31, 2018, driven a freight vehicle of 1 ton, while under the influence of alcohol with about 0.120% of alcohol concentration, from the front side of the C Elementary School located in Gangseo-gu Busan Metropolitan City to the front side of the Ecafeteria located in the same Gu D.

As a result, the Defendant violated Article 44 (1) of the Road Traffic Act more than twice, and drives a motor vehicle under the influence of alcohol without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Registers of driver's licenses;

1. Before judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment, etc. of written judgments);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant’s reason for sentencing under Article 53 and 55(1)3 of the Act has reached five times the past records of punishment due to drunk driving, unlicensed driving, etc. since 2003; (b) in particular, the Defendant was sentenced to imprisonment for eight months on June 14, 2017 as a crime of violating the Road Traffic Act and two years on probation; and (c) the Defendant again committed the instant crime during the period of suspension of execution.

In consideration of these criminal records and the degree of the principal of the crime, the imprisonment will be selected.

Based on these circumstances, the defendant's mistake is divided, the circumstances leading to the crime of this case, the circumstances after the crime of this case, the criminal records, the age, character and conduct, environment of the defendant.