A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On April 17, 2006, the defendant was sentenced to a fine of 5 million won for the violation of the Road Traffic Act (driving) at the Suwon District Court on April 17, 2006, and on May 9, 2012, the Suwon District Court sentenced the imprisonment of 6 months and 2 years of suspended execution to the violation of the Road Traffic Act (driving).

<범죄사실> 피고인은 2012. 10. 12. 22:05경 자동차 운전면허를 취득하지 아니하고 혈중알콜농도 0.267%의 술에 취한 상태에서, 화성시 송산면 사강리 훼미리마트 편의점 앞 도로에서부터 위 사강리 주문진쌈밥집 앞 도로에 이르기까지 약 30m 구간을 J 테라칸 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of actual conditions and a traffic accident;

1. The circumstantial report of a drinking driver, a report on detection of a drinking driver, and an inquiry into the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous records: Application of inquiries, such as criminal records, investigation reports, and other Acts and subordinate statutes (Attachment to written judgments of the same kind as the suspect);

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. 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. Selection of imprisonment with prison labor chosen;

1. In view of the fact that the Defendant had a record of having already been subject to criminal punishment several times due to drunk driving, and that the Defendant committed the instant crime of the same kind again in the instant case during the period of suspended execution after being sentenced to imprisonment on May 9, 2012 and two years of suspended execution on May 9, 2012, due to the crime of violation of the Road Traffic Act, the reason for the sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “ favorable circumstances of the reasons for the sentencing”), a serious punishment is needed

However, the defendant has led to the confession of all the crimes, and he has broken down and reflected his mistake.