Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On May 19, 2008, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act (drinking) in the Goyang Branch of the Jung-gu District Court on May 19, 2008, and on February 11, 2016, the Defendant requested a summary order of 3 million won for a violation of the Road Traffic Act (drinking). On April 12, 2016, the Defendant was sentenced to a suspended sentence of 6 months in imprisonment with prison labor for a crime of violating the Road Traffic Act (drinking) at the Goyang Branch of the Jung-gu District Court on March 19, 2016, and the judgment became final and conclusive on April 20, 2016.
Criminal facts
On March 17, 2016, the Defendant driven B e-car under the influence of alcohol content of 0.133% while under the influence of alcohol without obtaining a driver’s license from the gold village in the gold village in the gold village in the gold village in the gold village in the Geum-si, Seoul Special Metropolitan City, from March 17, 2016 to the front and rear roads in the Geum-si, Seoul Special Metropolitan City.
Accordingly, the defendant, even though he had a driving force of drinking more than twice, has driven a motor vehicle without obtaining a driver's license while driving a motor vehicle again under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial report on the driver at the main place and the circumstantial report on the driver at the main place;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (a summary issuance of an order, attachment of a text of judgment), and judgment;
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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of quantity have the record of having been punished for a fine once due to driving under drinking in 2008. On January 201 and February 2016, the Defendant committed the instant crime again on March 2016 where he/she was under investigation and trial while driving under drinking.