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

Punishment of the crime

[criminal history] On February 24, 201, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating road traffic law in the Daegu District Court’s support on February 24, 201, and on February 21, 2013, the Defendant was sentenced to a suspended sentence of one year for the same crime in the same court on February 21, 2013, and on November 19, 2013, the same court was sentenced to a suspended sentence of eight months for a crime of violating road traffic law (unlicensed Driving) and was released on February 27, 2015 and passed on May 13, 2015 during the execution of the sentence.

[Criminal facts] On May 24, 2016, the Defendant driven a d SM5 vehicle under the influence of alcohol level of about 0.102% from the 9.3km section from the 5 main apartment road located in Ansan-dong, Dong-dong, 977-6, to the front road of the same city, without obtaining a driver’s license for a vehicle at around 07:20 on May 24, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of force);

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. There are circumstances to consider the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, such as the fact that the Defendant recognized the instant crime, the fact that there is a family member to support, and the fact that the wife was discovered by the report of the wife.

However, even though the defendant had a lot of criminal records including the punishment for the same kind, it is highly likely that the crime of this case is committed again during the period of repeated crime due to the same criminal records, and the risk of criticism and recidivism is highly high, and the alcohol concentration level among the blood of this case is low.

It is not possible to see the distance of the defendant's driving, and considering the relatively long distance.