A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal record] On April 27, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the resident support of the Daegu District Court on April 27, 2010, and on September 15, 2015, the Defendant was sentenced to imprisonment for one year with prison labor for the same crime in the same court on September 15, 2015 and was sentenced to two years of suspended sentence for the same crime, and is currently under suspended sentence.

[Criminal Facts] On October 6, 2015, the Defendant driven a B1 ton truck in approximately 5km section from the 62th Yacheon-gun, Yacheon-gun to the road located in the same Eup/Myeon market under the influence of alcohol by 0.110% of alcohol level without obtaining a driver’s license on October 6, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of investigation reports (verification of the same criminal records against a suspect);

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 Act has the history of being subject to criminal punishment several times due to drunk driving, and the defendant again committed the instant crime before one month has passed since he/she was sentenced to a suspended sentence due to drunk driving, and the defendant again committed the instant crime before the lapse of one month, and the punishment shall be sentenced as ordered, taking into account the defendant’s age, character and behavior and environment, motive, means and consequence of the instant crime, and circumstances after the crime, etc.