A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On October 29, 2012, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment for a violation of the Road Traffic Act, etc. at the Gwangju District Court. On January 7, 2013, the Defendant received a summary order of three million won by a fine at the Gwangju District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On August 23, 2015, at around 15:10 on August 23, 2015, the Defendant, without a driver’s license, driven a B bpoke truck from the path near the Taebong Elementary School located in the 33rd-ro, Chungcheongnam-gu, Gwangju, to the southyang-gu, Seoyang-gu, Gwangju.

Summary of Evidence

1. Defendant's legal statement;

1. An actual condition survey report, the ledger of driver's licenses, the report on detection of a de facto driver, and the report on the circumstantial statement of a de facto driver;

1. Previous convictions: Application of statutes, such as criminal records and copies of written judgments;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is for discretionary mitigation, and there is a history of punishment several times including suspended sentence due to drinking driving under the influence of alcohol.

In particular, in June of 2012, after being sentenced to two years of suspended sentence due to drinking driving, etc., the person was sentenced to a fine and was sentenced to a fine after being sentenced to a suspended sentence.

Blood alcohol concentration is also very high.

It is inevitable to sentence sentence in light of such unfavorable circumstances.

The punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.