A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On October 21, 2015, the Defendant was sentenced to a suspended sentence of two months for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a violation of the Road Traffic Act, or a violation of the Road Traffic Act (non-licensed driving) at the Incheon District Court on August 21, 2015, and the said judgment became final and conclusive on October 29, 2015. On November 27, 2015, the Defendant was sentenced to a suspended sentence of two years for imprisonment for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and for a violation of the Road Traffic Act (non-licensed driving) and the said judgment became final and conclusive on December 5, 2015.

On March 13, 2016, at around 19:15, the Defendant driven C Poter truck under the influence of alcohol with a blood alcohol concentration of 0.066% without obtaining a driver’s license from the section of about 500 meters from the road near the mother-si in Kimpo-si, Kimpo-si to the roads in front of 203-dong of the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, the ledger of driver's licenses, and making an inquiry into the vehicle;

1. Previous records of judgment: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that the Defendant, with the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, has three times the same ability to impose a fine, the record of the same suspended execution three times, and the Defendant committed again the instant crime during the same suspended execution period, and the Defendant did not attend the trial process of the instant case, it is inevitable to sentence the Defendant’s imprisonment with labor.

However, the judgment of this case becomes final and conclusive because the defendant reflects his mistake, the defendant's drinking value is not high, and the driving distance is relatively short.