A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal history] The defendant was sentenced to a suspended sentence of 8 months on October 18, 2006 for a crime of violation of the Road Traffic Act and a crime of violation of the Road Traffic Act (non-licensed driving) in the Changwon District Court's Tong-gu branch of the Changwon District Court. On February 11, 2009, the defendant was sentenced to a suspended sentence of 2 months for a crime of violation of the Road Traffic Act, violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, violation of the Road Traffic Act, violation of the Road Traffic Act and violation of the Road Traffic Act (non-licensed driving). On June 2, 2016, the defendant was sentenced to a suspended sentence of 3 months for 8 months for a crime of violation of the Road Traffic Act (driving), and on June 10, 2016, the sentence of a suspended sentence was revoked.

[Criminal facts] On September 8, 2016, the Defendant driven B Lone Star Corer under the influence of alcohol with about 200 meters alcohol concentration 0.134% while under the influence of alcohol, without obtaining a driver’s license, from the front of the GS convenience store located in the ancient city, around 19:43, at around the same time, to the Este-ray road located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Notification of the results of regulating driving of drinking alcohol and statement of the circumstances of driving of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment of a copy of the judgment of the same type of crime, confirmation of execution of punishment), and other 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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include not only the defendant was punished by imprisonment with prison labor and a suspended sentence on several occasions for the same crime, but also the defendant was sentenced to a suspended sentence of imprisonment with prison labor for not more than three months, and the crime of this case was committed during the period of three months, the escape was committed after the crime of this case was committed, the amount of alcohol concentration in blood was relatively high, and the defendant's share of alcohol in blood was relatively high.