A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[criminal history] On April 25, 2014, the Defendant was sentenced to a suspended sentence of one year and six months for a violation of road traffic law in the Gwangju District Court’s net support on May 3, 2014, and the said judgment became final and conclusive on May 3, 2014, and is currently under the suspended sentence period. On October 14, 2009, the Defendant was sentenced to ten months of imprisonment with prison labor for the same crime, etc. in the same court. On August 23, 2007, the Defendant was sentenced to six months of imprisonment with prison labor for the same crime in the Gwangju District Court, and was sentenced to eight times of the same alcohol or non-licensed driving power.

[2] On January 27, 2016, the Defendant driven a B-wing truck with alcohol content of about 20 meters from the front side of the ambling ambling ambling ambling, without obtaining a driver’s license on January 27, 2016, to the front side of the said ambling ambling ambling at approximately 0.104% of alcohol content in blood.

Summary of Evidence

The defendant's legal statement statement report, notification of the result of drinking driving control, previous records of judgment on the ledger of driver's license: The application of a reply to inquiry, such as criminal history, 6 copies of the judgment, and 2 copies of the summary order

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. The reasons for sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Small Quantity are as follows: (a) the Defendant was punished several times, including a punishment due to drinking driving; (b) the Defendant did not know even though he was under the suspension period due to the crime of causing a traffic accident due to drinking driving; and (c) the Defendant caused a contact with a drinking driver while his license was revoked.

From the perspective of the criminal history of the defendant and the circumstances after the crime, the defendant seems to have no law consciousness or awareness of law, so a sentence shall be sentenced.

Provided, That the punishment shall be determined in consideration of the fact that the defendant reflects the wrong, the age, sex, and environment of the defendant.