Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On June 7, 2007, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Incheon District Court, and on November 16, 2010, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Frigwon, and on April 16, 201, issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court, and on April 16, 2014, the Defendant was sentenced to a suspended sentence of six months.
On March 9, 2017, at around 23:05, the Defendant driven a motor vehicle quantity without obtaining a driver's license in the state of alcohol 0.138% while under the influence of alcohol at approximately 100 meters from the roads in front of the AW trading hole located in the Gu of Ansan-si to the front of the same rash-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. The driver's license ledger;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment, etc. of the same kind of force), text of judgment, and summary order;
1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) are as follows; comprehensively taking account of various circumstances, including the Defendant’s age, sexual conduct, career, home environment, motive and means of the crime; and the circumstances following the crime, etc., the sentencing conditions specified in the instant argument shall be determined as ordered.
[Unfavorable circumstances] The Defendant committed the instant crime in spite of the fact that he/she was sentenced to a fine twice for the same crime and a punishment for suspended execution of imprisonment once for the same crime (or a favorable circumstance)