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

Punishment of the crime

On January 22, 2007, the defendant was sentenced to a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and on February 25, 2008, the same court was sentenced to a summary order of KRW 1 million as a crime of violation of the Road Traffic Act, and on June 25, 2009, the same court was sentenced to a suspended sentence of five months for a violation of the Road Traffic Act.

On June 28, 2015, at around 08:55, the Defendant driven a c1 ton c1 ton truck under the influence of alcohol without a car driver’s license, from approximately 20km section to the front road of the “Yasan Agricultural Co., Ltd. Seoul Metropolitan City Dok-ro 259 (U.S. Dogpo-ro),” which was located in the same Sinsan-si Dogpo-ro 259 (U.S. Dogpo-ro).

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry records, and copy of judgment;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant had already been punished four times due to drunk driving and three times due to unlicensed driving. Among them, it includes the previous convictions of two times due to suspended sentence.

In particular, since the crime of this case was committed during the period of suspension of execution due to driving without a license in 2015, the sentence of sentence on the defendant is inevitable.

However, given that there are favorable circumstances such as the defendant's living as a recipient of basic living benefits who supports the wife and two children, they shall be considered. In addition, the defendant's age, character and conduct, environment, health conditions, circumstances after the crime, etc., all of the sentencing conditions specified in the arguments of this case shall be determined as the order.