A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On February 8, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of road traffic law at the Daegu District Court for eight months, and on April 2, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of road traffic law at the Seo-gu District Court Branch Branch of the Daegu District Court for one year and two months and three years of suspended execution.

On September 2, 2018, around 00:03, the Defendant driven a C-wing truck under the influence of alcohol content of 0.253% while under the influence of alcohol without obtaining a driver’s license, from approximately 2.8km section of approximately 2.8m in the two kinds of neons-gu, Daegu-gu, Seoul-gu, Seoul-gu, to the two kinds of four-lane parks, Daegu-gu, Seoul-gu, to the two kinds of four-lane streets.

As a result, the Defendant, who has driven a motor vehicle not less than twice, driven a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Details of driver's license revocation and the ledger of driver's licenses;

1. Previous convictions: A reply to inquiries, such as criminal history, investigation report (the confirmation of such previous convictions - the application of Acts and subordinate statutes during the current period of stay);

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity appears to have led to the confession and reflect of the instant crime. However, even if there had been nine times the past records of punishment, such as drinking, non-licenseing, refusing to drive without permission, or refusing to measure drinking, etc., it is inevitable to sentence the Defendant to imprisonment, in light of the fact that the Defendant committed the instant crime during the period of probation due to drinking driving.

In addition, the defendant's age, sex, environment, motive and background of the crime, means and results, and circumstances after the crime.