A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On January 7, 2009, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving) in the Gwangju District Court's support for the promotion of the head of Gwangju District Court on November 11, 201, and on November 11, 201, the Defendant was sentenced to a fine of 5 million won for the same crime in the same court on May 11, 201, and completed the execution of the sentence in the Sejong Prison.

On July 25, 2013, at around 19:55, the Defendant, without a car driver’s license, driven a Cwing-III truck at a section of about 5 km to the village in front of the start-up of the same military area from the Do near the bus terminal located in the Yungung-gu, Seoul-gun, Seoul-do, Seoul-do, under the influence of alcohol by 0.083% of the blood alcohol content without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on circumstantial statements of a drinking driver, and a report on detection of suspects in violation of the Road Traffic Act (e.g., drinking);

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, written judgments, summary orders, and personal identification and confinement status;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders has already been punished ten times for the crimes related to the violation of the Road Traffic Act, such as drinking and unlicensed driving, etc., and in particular, in 2010, the defendant was sentenced to the second drinking during the period of probation and imprisonment for six months with no license during the period of probation and completed the execution of the sentence. However, considering that the defendant committed the crimes of this case in the same kind during the period of repeated crime, even though he was again sentenced to the crime of this case during the period of probation, he cannot be punished strictly, and thus the defendant is punished by imprisonment

However, the fact that the defendant is attempting to commit a crime, the blood alcohol concentration at the time of driving is relatively high, the health is not good, and the economic difficulty is difficult.