Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On October 9, 2007, the Defendant was sentenced to imprisonment for eight months due to a violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch, etc., and on October 27, 2015, the Defendant was issued a summary order of three million won by the same court as a crime of violating the Road Traffic Act.
On January 18, 2012, the Defendant was sentenced to 8 months of imprisonment with prison labor due to damage to goods for common use, etc. in the Gwangju District Court's net support, and on October 26, 2012, the period of suspension of execution was one year of imprisonment with prison labor due to a violation of the Punishment of Violences, etc. Act (damage, etc. to a group deadly weapon) at the Gwangju District Court, and the judgment became final and conclusive on March 8, 2013, and the execution of the sentence was terminated on March 6, 2014.
On March 6, 2016, the Defendant driven B K5 car under the influence of alcohol content of 0.118% while under the influence of alcohol without obtaining a driver’s license from the front parking lot of about 200 meters from the front parking lot of Hyundai Construction apartment 112 to the front road of the door-water main apartment in the same Dong from the front parking lot of 112 Dong to the same Dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger (A);
1. Previous convictions: Inquiries about criminal history, investigation reports (Attachment of the same criminal suspect's judgment, etc. and confirmation of the period of repeated crime), five copies of the judgment and one summary order, one copy of the judgment, and the application of Acts and subordinate statutes on the status of personal confinement
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small volume is that the defendant, while being punished by a fine during the period of repeated crime, once he/she drives alcohol again, is highly likely to repeat the crime.
In full view of the circumstances, age, family environment, etc. of the defendant, the punishment as ordered shall be imposed.