A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On June 25, 2015, the Defendant was sentenced to a fine of one million won for a crime of violating road traffic laws (drinking) in the Goyang Branch of the Jung-gu District Court on June 25, 2015, and was sentenced to a suspended sentence of two years for six months on November 30, 2016 and became final and conclusive on December 8, 2016.

On September 23, 2017, the Defendant driven a C SP car under the influence of alcohol content of 0.170% in alcohol without a vehicle driver's license from the front of the Eart-dong in Gyeyang-gu, Seoyang-gu to the front road of approximately 2.5 km-dong, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul to the front road of about 107 in front of the same Gu.

Accordingly, even though the Defendant violated the provision prohibiting driving under the influence of alcohol more than twice, the Defendant was driving without a driver's license while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. The circumstantial report of the driver who takes the main place;

1. Previous convictions: Application of an inquiry letter, investigation report (Attachment to the ledger of driver's license), such as criminal history;

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 ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a driving of a motor vehicle under heavier influence as stated in the judgment heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount are two times more that the Defendant was punished due to drinking, etc., in addition to the instant crime.

Nevertheless, the defendant was driving a drinking or non-license during the suspension of execution.

However, the defendant shows an attitude against the crime of this case and sold the vehicle, and appeal for difficult family conditions.

The above points include the defendant's age, sex, environment, circumstances after the crime, and the possibility of the invalidation of suspended execution.