A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On July 19, 2012, the Defendant was sentenced to a fine of six million won for a suspended sentence of one year by imprisonment for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving) at the Daegu District Court's Daegu District Court's Branch on March 17, 2015 and a violation of the Road Traffic Act (non-licensed driving).

【Criminal Facts】

On May 15, 2015, at around 21:10, the Defendant, without a driver’s license, driven BMW vehicle at 30 kilometers in front of the central highway located in Gyeongdong-gu, Daegu Northern-dong, at the front of a restaurant located in Gyeongdong-gu, 112.6 kilometers, while under the influence of alcohol by 0.160 percent in blood alcohol concentration without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. The driver's license ledger;

1. Previous records: Application of criminal records, etc. and other 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) 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 Code for discretionary mitigation is that the Defendant had a record of being punished for a suspended sentence due to drinking driving, etc., and the Defendant was sentenced to a fine in respect of driving under the influence of alcohol, etc. thereafter, even though he was sentenced to a fine, the Defendant did not receive such a fine nor did two months have passed since he was sentenced to a fine.

Moreover, since the defendant is driving on an expressway with the influence of 0.160 percent of blood alcohol level in the state of driving on the expressway, the danger of driving on the expressway is also very dangerous, so it is inevitable to sentence the defendant as a sentence.

However, the order is based on the following factors: the defendant's motive, means and result of the crime of this case, the circumstances after the crime, the age of the defendant, character and conduct, family environment, etc.