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

Punishment of the crime

[criminal history] On November 3, 2006, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of road traffic law in the Gwangju District Court's support on March 12, 2008, and a summary order of KRW 1.5 million for the same crime in the same support on March 26, 2009. In the same support on March 26, 2009, the Defendant was sentenced to a suspended sentence of six months for the same crime and was sentenced to a suspended sentence of six months for the same crime on January 28, 2016.

[2] On December 16, 2017, the Defendant was driving a CK5 vehicle at approximately 500 meters from the front day of the Seocho-gu Seocho-gu, Gangnam-gu, Jinjin-gu, Seoul, without obtaining a driver’s license around 01:06 on December 16, 2017, to the front day of the entrance of the mountain village located in 1279 of the said Eup, while under the influence of alcohol 0.130% in alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report, notification of the results of regulating drinking driving, and the register of driver's licenses of motor vehicles;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the text of a judgment and reporting of attachment of a summary order);

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. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the grounds for sentencing) of the Act on the Mitigation of Small Quantity and all the conditions of sentencing as indicated in the records and arguments, including the Defendant’s age, sex, environment, circumstances before and after the instant crime, and the circumstances before and after the instant crime, shall be determined as ordered by taking into account the following factors.

The elements of favorable sentencing: The defendant led to the crime of this case, and again he would not drive alcohol or drive without a license.

dives

. Unfavorable elements of sentencing: there are two instances of decisions of suspension of execution as the same crime.