A defendant shall be punished by imprisonment for six months.

Punishment of the crime

【Criminal Records of Crimes】 The Defendant was sentenced to imprisonment for six months with labor for a crime of violating the Road Traffic Act (non-licensed driving) at the Jung-gu District Court on December 14, 2017, and the decision became final and conclusive on December 22, 2017, and is currently under probation.

【Criminal facts】 On November 7, 2007, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a crime of violation of Road Traffic Act at the Jung-gu District Court on the same day, and KRW 2 million as a fine in the same court on February 17, 2015, respectively.

On July 7, 2018, the Defendant driven a F B-type car under the influence of alcohol content of 0.232% while under the influence of alcohol, without obtaining a driver’s license, from the front of the C Station located in the Speaker-si B, to the front of the E elementary school located in D at the same time.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A letter of blood inquiry, tea inquiry, etc., and blood appraisal report of the main office;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verifications during the same type of force and period of suspension of execution);

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. The defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (the fact that he/she has no previous conviction or more than a suspended sentence, and reflects his/her reflects the punishment) are three times before driving alcohol, and four times before driving without a license, and one time between the non-licensed driving and the non-licensed driving is a criminal offense during the suspended sentence period, and it is inevitable to sentence the defendant on the ground that the crime of this case is a criminal act during the suspended sentence period due to a non-licensed driving.

However, the drinking driving is not less than one suspended sentence.