A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 33, 2008, the Defendant was sentenced to a suspended sentence of 4 months for the crimes of violation of the Road Traffic Act at the Jeonju District Court, etc. On September 30, 2010, the Defendant was sentenced to a suspended sentence of 4 months for the crimes of violation of the Road Traffic Act at the Jeonju District Court Branch Branch Branch of Jungju District Court on September 30, 201. On December 11, 2010, the Defendant completed the execution of the sentence at the Jeonju Prison Branch on January 27, 2011.

피고인은 2013. 2. 6. 21:20경 혈중알콜농도 0.142%의 술에 취한 상태에서 전주시 완산구 효자동에 있는 이름을 알 수 없는 식당 앞 도로에서부터 같은 구 서신동에 있는 빕스 앞 도로까지 약 3km 구간에서 자동차 운전면허 없이 C 화물차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and the register of driver's licenses;

1. Previous convictions: Application of criminal records, etc. inquiry reports (A) and investigation reports (verification of the fact that a suspect is repeated crimes A)-related Acts and subordinate statutes;

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), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant was punished for a drunk driving or a unlicensed driving on the past five occasions in the past. Moreover, even though he was sentenced for a period of four months due to drunk driving or aless driving in 2010, he/she has reached a level of criticism in that he/she has reached a period of repeated driving or aless driving without a license.

However, there is no big accident due to the drinking driving of the defendant, and the defendant is in depth against the defendant.