A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 8, 2017, the Defendant driven a C-wing truck without a driver’s license in the state of alcohol concentration of approximately 0.137% from the 10km section from the front of the trade name influenced agricultural machinery shop in the Guro-si, Sin-si, Sin-si to the damping road located in the same Eup/Myeon-ri 60-3.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, on-site intensity and photographs, and a survey report on actual condition;

1. Statement on the circumstances of the driver involved in driving, inquiry about the results of crackdown on driving of alcohol, response to requests for appraisal, and report on detection of the driver involved in driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to the alcohol concentration in the blood at the time of an accident by a suspect);

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Although there are extenuating circumstances, such as the fact that the Defendant recognized the crime and commits an wrong offense, the Defendant continued to drive under the influence of alcohol in 2005 and was punished for a violation of the Road Traffic Act (non-licenseless Driving) at least three times in total, five times in the suspension of execution, and two times in total, five times in the suspension of execution. In particular, since the Defendant was sentenced to a suspended sentence due to a violation of the Road Traffic Act (non-licenseless Driving) and again committed a violation of the Road Traffic Act (non-licenseless Driving), and the risk of recidivism is very high, it should be severely punished.

In addition, the punishment shall be determined as ordered in consideration of all the sentencing conditions, such as the defendant's age, sex, power, drinking volume, etc.