A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On February 3, 2010, the Defendant was sentenced to a summary order of KRW 2 million for a violation of road traffic law in the Gwangju District Court's support on February 3, 2010; the Defendant was sentenced to a summary order of KRW 1 million for the same crime in the same court on March 7, 2013; and on February 18, 2016, the Defendant was sentenced to imprisonment for six months for the same crime and two years for the suspended sentence on February 26, 2016, and the judgment became final and conclusive on February 26, 2016.

[2] On December 26, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle around 15:10 on December 26, 2016, driven C SV truck at about 1km from the front day of the restaurant in the Red Village, which is located in both sides of the Southern-gun, Seoul, under the influence of alcohol level of 0.24% during blood, to the roads of about 32-2 in the same area of 1km.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver driving, notification of the results of crackdown on drinking driving, inquiry into the register of driver's licenses, and the results of crackdown on drinking driving;

1. Previous convictions: Application of inquiry letter, investigation report (reports before and after the suspension of execution), and other relevant Acts and subordinate statutes;

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 (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) is that the defendant has been punished several times for the same crime. In particular, it seems that the crime of drinking and non-licensed driving, such as committing the instant crime again during the period of probation, is insufficient.

Therefore, the defendant seems to need the corresponding punishment.

However, the age and age of the defendant, including the circumstances favorable to the defendant, such as the fact that the defendant led to the crime of this case and did not drive again, and disposed of the vehicle of this case.