A defendant shall be punished by imprisonment for six months.

Criminal facts

[criminal history] On March 29, 2016, the Defendant was sentenced to a four-month punishment for a violation of road traffic law in red support of the Daejeon District Court on March 29, 2016. On July 28, 2016, the Defendant completed the execution of the sentence in the branch office of the Daejeon District Court.

[2] On May 1, 2017, the Defendant driven a car in CCoon at the section of about 100 meters from the front 100 meters to the front road of 426-5 U.S. apartment complex located in the native Eup/Myeon under the influence of alcohol by 0.116% in blood alcohol level without obtaining a driver’s license on May 1, 2017.

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. On-site photographs;

1. Previous convictions indicated in the judgment: Investigation report (the identity of the previous record), results of the prisoner search, response to inquiries, such as criminal history, and application of Acts and subordinate statutes on the personal confinement status;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Circumstances favorable to the defendant for sentencing Article 35 of the Criminal Act for aggravated repeated crimes are as follows.

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

In the course of the instant crime, no personal and material damage was inflicted.

The defendant is under economic difficulties and raises a married child.

Circumstances unfavorable to the defendant are as follows:

The execution of punishment has been terminated as a crime recorded in the judgment of the defendant, and the crime of this case has been committed again during the period of repeated crime.

The defendant has a record of criminal punishment on several occasions, including imprisonment with prison labor, due to driving without a license.

The defendant has no record of obtaining a driver's license once.

A defendant has a record of criminal punishment several times for a crime of alien species.

. The above.