A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On October 27, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act in the Gwangju metropolitan District Court's support, and on January 17, 2013, the Defendant was sentenced to a suspended sentence of two years in August 25, 2013 and was sentenced to a suspended sentence of two times or more for a violation of the Road Traffic Act (driving) as of January 25, 2013.

【Criminal Facts】

On January 3, 2014, at around 20:40, the Defendant, while under the influence of alcohol of 0.118%, driven a motor vehicle at approximately 1km away from the front of a private distance-based restaurant located in the Southern-nam Navy, Namnam-do, Namnam-do to the front road in the same Eup/Myeon, without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. The circumstantial statement of the employee;

1. The ledger of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of related cases and confirmation of the period of suspension of execution) and Acts and subordinate statutes;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant has a record of being punished several times due to drinking and driving without a license. In particular, the defendant committed the crime of drinking and driving without a license without any reflectivity despite the fact that the defendant was placed prior to the suspension of the execution due to drinking driving, etc., and without any reflection of the fact that the defendant committed the crime of drinking and driving without a license. The fact that the drinking level of this case is considerably high, the circumstances leading to the instant crime, and the defendant's age, character, family environment