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The punishment of the accused shall be determined by ten months of imprisonment.
Reasons
Punishment of the crime
[criminal history] On August 28, 2012, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Gwangju District Court on February 17, 2014, and was issued a summary order of KRW 5 million for the same crime in the Gwangju District Court's wooden Branch on February 17, 2014, and on December 17, 2015, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime at the Gwangju District Court on December 17, 2015 and was sentenced to a suspended sentence of two years for the same offense, and is currently under the grace period.
[2] On April 2, 2017, at around 02:40, the Defendant driven a C-wing and 3 fluorriger vehicle at a section of about 500 meters from the front side of the lux apartment shop located in the 194-ro, west-ro, Gwangju, North-gu, west-ro, 194, to the front road of the lux head of the gold tower located in 2, the same Gu, while under the influence of alcohol of 0.10% of alcohol during blood without a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. The register of teas and driver's licenses;
1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (the same kind of force), and text of judgment, 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 the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. For the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the punishment is determined as ordered by comprehensively taking account of all the sentencing conditions indicated in the instant case, such as the following circumstances and the Defendant’s age, sex, environment, the background and consequence of the instant crime, and the circumstances after the commission of the crime.
A favorable normal situation: The defendant has been divided into and reflected in his mistake.
The defendant does not commit a second offense.
There is a family member to support the defendant.
The defendant's main figures want to be the defendant's wife.