A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On October 31, 2008, the Defendant was sentenced to a suspended sentence of two years at the Seoul Central District Court for a crime of violation of the Road Traffic Act, etc. On May 14, 2010, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act at the Seoul Central District Court for six months on May 14, 2010. On June 29, 2012, the Defendant was sentenced to eight months of imprisonment for a violation of the Road Traffic Act at the Seoul Central District Court for eight months on February 26, 2013.

【Criminal Facts】

On July 3, 2015, around 03:42, the Defendant driven CM5 vehicle under the influence of alcohol content of 0.183% without obtaining a driver’s license from the front of 101-6, Songpa-gu, Seoul, Songpa-gu, Seoul, to the front of the 89 Olympic Park for the Olympic Winter-gu 89 Olympic Winter-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. On-site photographs;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has the record of being punished several times for the same kind of crime, and the crime of this case was committed despite the fact that the defendant committed the crime of this case even though he was during the period of repeated crime. The blood alcohol concentration is very high at the time of driving under the influence of alcohol, and the screening test (AUD IT) with a total of 23 points as a result, it is inevitable to sentence the defendant to be sentenced.

Provided, That the punishment shall be determined as per the order within the scope of the discretionary mitigation in consideration of the favorable circumstances in which the defendant is against himself/herself and support his/her mother.