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

Punishment of the crime

[Majority Offense] On November 29, 2012, the Defendant was sentenced to imprisonment with prison labor for a crime of violating road traffic law (drinking) at the Gangseo District Court Branch Branch on November 29, 2012. On October 14, 2013, the Defendant completed the execution of the sentence.

[2] The Defendant was a person who had been in violation of Article 44(1) of the Road Traffic Act not less than twice prior to the above repeated crime, and was under the influence of not less than 0.227% of alcohol during blood on October 27, 2013 without obtaining a driver’s license of a motor vehicle on October 27, 2013, the Defendant driven C Mtz motor vehicle at approximately 500 meters from the front of the mutual influence on the roads of the influent seed and seedling located in Gangnam-dong in Gangseo-si, Gangnam-si, Gangnam-si, to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written statements of D;

1. A traffic accident occurrence report, a survey report on actual condition, a report on the detection of a primary driver, and a written statement of the circumstances of the primary driver;

1. The driver's license ledger and the driver's license ledger;

1. All on-site photographs;

1. Previous convictions and criminal records: Application of inquiry statements, personal identifications and confinement status Acts and subordinate statutes, such as criminal history;

1. Unlicensed driving of a motor vehicle as indicated in the relevant legal provision concerning the crime: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

1. Formal concurrence and the choice of punishment under Articles 40 and 50 of the Criminal Act (the punishment provided for a crime of violating the Road Traffic Act as stated in the holding two crimes, the punishment between such crimes, and the punishment heavier, and the choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The sentence is inevitable in light of the following: (a) not only committed a repeated crime for the same type of crime on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act (for the following reasons for sentencing), but also committed an escape for a long time after committing the crime.

In addition, the family environment and health conditions of the defendant, the frequency and contents of the same kind of power, and the drinking volume of this case, etc. are too late.