Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
[criminal history] The defendant was issued a summary order of KRW 2 million at the Jeonju District Court on August 11, 2006 due to a violation of the Road Traffic Act (driving), and a fine of KRW 1,50,000 due to a violation of the Road Traffic Act (driving) in the Jeonju District Court’s Eup branch on April 15, 201, and on May 10, 201, the defendant was sentenced to a summary order of KRW 1,50,000 to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) at the Jeonju District Court’s branch on May 10, 206 and sentenced to a suspended sentence of KRW 8 months on May 18, 2016.
[Criminal facts] On July 5, 2016, the Defendant driven a DNA motor vehicle under the influence of alcohol level of 0.205% while under the influence of alcohol level of 0.205% during blood without a driver’s license, from the front side of the Han-Ma-dong, Samcheon-gu, Samcheon-gu, Jeoncheon-si, Seoul, to around 3km-ro 4-10, 4-10, the same Gu letter-based 4-10.
Summary of Evidence
1. Statement by the defendant in court;
1. A copy of the report on the results of regulating the driving of alcohol, the statement of the situation of the driver under the influence of alcohol, the appearance, uniforms, language, and attitudes of the driver under the influence of alcohol, and a copy of the register using the measuring instruments
1. The driver's license ledger;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on the same kind of records as the suspect);
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 (i.e., circumstances favorable to the defendant among the following reasons for sentencing) of the Act on the Reduction of Small Amount of Punishment is against the defendant's wrongness, and the fact that the defendant needs to support his or her poor state of health, such as suffering from cardiopulmonary evidence among economically difficult factors, etc.
However, the defendant has been punished more than six times for committing a crime that violates the Road Traffic Act, including drinking, refusing to measure drinking, and unauthorized driving.