A defendant shall be punished by imprisonment for six months.

Criminal facts

On February 3, 2018, the Defendant driven a coo motor vehicle under the influence of alcohol level of about 0.077% without the driver’s license in the section of about 1km from around 1299 to around 1166 in the middle unit of the same Gu, which was located in the same medium unit, as the unit of the 1299, to the “cood” road of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, the driver's license ledger, and making an inquiry into the vehicle;

1. Application of Acts and subordinate statutes governing enforcement site photographs;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Circumstances favorable to the defendant for sentencing selective sentencing of imprisonment with prison labor are as follows:

The defendant is divided into and reflected in the crime of this case.

The defendant's blood alcohol concentration level is not high, and human and material damage was not incurred due to the crime of this case.

The defendant has no previous convictions of imprisonment.

Circumstances unfavorable to the defendant are as follows:

At the time of the crime of this case, the defendant seems to have been under the influence of alcohol to the extent that he was diving.

In 2016, the Defendant committed the instant crime even though he/she was sentenced to imprisonment with prison labor for one year, who was sentenced to a two-year suspension of execution, and was sentenced to a fine of KRW 3 million for drinking and driving without obtaining a license during the suspension of execution, on account of the fact that he/she committed a traffic accident while driving a driver without a license in 2016.

In 2013, the defendant has been subject to a fine of two times due to driving without a license even though he/she has around 2013.

In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the sentence is inevitable. Therefore, the sentence is imposed on the Defendant.