A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] The Defendant was sentenced to six months of imprisonment on June 15, 2012 by the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Violation of Road Traffic Act (drinking), etc. in the Support of Ansan Flag, and completed the execution of the sentence on December 11, 201 of the same year at Anyang Prison. On September 5, 2013, the Defendant was sentenced to a fine of five million won due to a violation of Road Traffic Act (drinking) in the Support of Ansan Flag, and was sentenced to a fine of five million won on September 5, 2013.

[Criminal facts] On October 10, 2015, the Defendant driven CM5 passenger vehicles owned by B, while under the influence of alcohol concentration of about 0.120% during blood, from the old world in front of the aftermath of the fluence of the fluence in Ansan-si, Ansan-si, Ansan-si, Masan-si to the 109th day of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. Inquiries about reports on detection of drivers engaged in driving, circumstantial reports on drivers engaged in driving, and the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (attaching sentence, etc.);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (consumption favorable to the reasons for sentencing) is that the Defendant committed the instant crime of drinking or non-licensed driving without a license, even though he/she was sentenced to a sentence by drinking alcohol driving, etc., and was sentenced to a fine by driving under the influence of alcohol, etc., and again was sentenced to a sentence.

However, in light of the favorable circumstances shown in the records of this case, such as the fact that the defendant reflects his mistake, the age of the defendant, family relationship, etc., the punishment is imposed as ordered.