A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 10, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Changwon District Court on December 10, 2007, and a fine of KRW 3 million for a crime of violating the Road Traffic Act on December 22, 2014, respectively, and on September 28, 2016, the same court was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act on September 28, 2016 and was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act on October 6, 2016.

On June 19, 2017, the Defendant driven a C1 ton cargo vehicle at a section of about 200 meters from the window 75-1 Do, Changwon-si to the 15th road in Changwon-si, Changwon-si, without a driver's license, under the influence of alcohol level of 0.157% in blood during blood.

As a result, the Defendant was punished more than twice for a violation of the Road Traffic Act (drinking) but was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous records of judgment: Inquiry into criminal records and application of investigation reports (a confirmation during the period of suspension of execution and binding of judgment for drinking driving, etc.);

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 lies in the records that the defendant was punished four times due to driving under drinking (three times a punishment, three times a suspended sentence, one time a suspended sentence). In particular, the crime of this case is committed again during the period of the suspended sentence, and it is inevitable that the defendant was sentenced to a suspended sentence for the crime of this case.

The punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's age, sex, environment, motive, means and result of the crime, and the circumstances after the crime.