A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Power] On March 2, 2009, the Defendant issued a summary order of a fine of three million won for a violation of the Road Traffic Act, etc. at the Jung-gu District Court on March 2, 2009, and on April 30, 2013, the Defendant was sentenced to a suspended sentence of three years for a year of imprisonment with labor for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on April 30, 201

5.8. A person fixed and conclusive during the period of stay of execution.

【Criminal Facts】

On May 16, 2015, at around 20:19, the Defendant driven the C Sti-type vehicle owned by the Defendant under the influence of alcohol 0.21% of the blood alcohol concentration 0.21%, without obtaining a driver’s license in the 2km section of 1161 in the same Gyeong-dong, Chungcheongnam-si, Namyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), previous dispositions, and the application of 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. In light of the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has a history of being punished twice due to a license for driving without drinking, and in particular, even if the Defendant was sentenced to a suspended sentence of three years on April 30, 2013 due to a violation of the Road Traffic Act (driving) and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving), he committed the instant crime during the suspended sentence of three years, and that the blood alcohol content of the instant case is 0.211% and its numerical value is very high, the Defendant shall be sentenced to a sentence.

However, the fact that the defendant repents and reflects his mistake, that there are students who need to support, the age, character and behavior, family environment of the defendant, and others.