A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On September 15, 2010, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the Hongsung Branch of the Daejeon District Court on September 15, 201, and on December 10, 2015, sentenced to ten months of imprisonment with prison labor and three years of suspended execution.

On March 15, 2016, at around 00:55, the Defendant driven a Cunststun vehicle under the influence of alcohol concentration of 0.106%, without obtaining a driver’s license, at a section of about 500 meters from the cU convenience point in the same Dong to the road front of the cU convenience point in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Licensing, borrowing, mandatory insurance, reports on the situation of driving without a license, reporting on the status of driving without a license, and reporting on the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports and investigation reports (Attachment to the same type of power judgment, etc.);

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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) Except for the criminal records stated in the judgment of the defendant, the record of traffic crime punishment is more than 10 times, and in particular, it is necessary to punish the same crime during the period of suspended execution.

The alcohol value of the instant case is also high.

However, considering the fact that the defendant led to the confession of the crime and misunderstanding, the circumstances favorable to the fact that the accident does not occur, and when this judgment becomes final and conclusive, the sentence of suspended execution stated in the judgment becomes invalidated, comprehensively taking into account all the factors of sentencing, including the defendant's age, character and behavior, environment, occupation and career, family relationship, motive and circumstance of the crime, details of the crime, circumstances after the crime, etc., the sentence shall be determined as ordered.