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A defendant shall be punished by imprisonment for six months.
Reasons
Criminal facts
On April 27, 2010, the defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on Incheon District Court on March 19, 2015, a fine of four million won for a violation of the Road Traffic Act (driving) at the Ansan District Court on March 19, 2015, and on March 23, 2016, at the Ansan District Court's Ansan Branch on March 23, 2016, the defendant was sentenced to a suspended sentence of two years for a year.
On October 30, 2016, at around 22:10, the Defendant driven a Dsp motor vehicle while under the influence of alcohol concentration of 0.172% without a car driver’s license in the section of approximately 3 km from the 3km-gu in Ansan-si to the 6km-ro adjacent to the same wing-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. In light of Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (limited to the punishment power imposed on the defendant due to drinking or non-licensed driving, and the defendant committed the same kind of crime in this case during the suspended execution period, even though he was sentenced to a fine by taking advantage of his motive during the suspended execution period due to the same kind of crime, it is inevitable to sentence the defendant as a sentence on the grounds that he committed the same crime in this case: Provided, That the defendant is led to confession and reflectiveness, etc., taking into account all the sentencing conditions shown in the trial of this case, and thus, it is so decided as per Disposition).