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 fine of 1.5 million won for a crime of violating road traffic laws at the Jeonju District Court on September 21, 2015, and a person who was sentenced to a suspended sentence of 10 months for the same crime in the same court on August 22, 2017.

[2] Notwithstanding the fact that Defendant 1, as recorded in the record of the above crime, has been under control over two or more crimes of violation of road traffic law (drinking), Defendant 2 driven a C-Wing and C-C-C-C-C-C-Wing vehicle under the influence of alcohol without a vehicle driver’s license at approximately 500 meters from the front side of the 200-12 B-Wing restaurant located in the front northwest-gun of the 201:05 on May 26, 2018 to the 65-12 high-speed road.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the arrest of a person suspected of violating traffic Acts (unlicensed or drinking) on the road;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reporting (criminal history);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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 a record of having been punished twice or more due to drinking, and the Defendant, in addition, even though the court in 2017 was sentenced to a suspended sentence of ten months due to drinking, etc., and was sentenced to a suspended sentence of two years due to drinking, etc., and was under a suspended sentence of two years due to drinking, etc., the Defendant was driving under a non-licensed condition.

In this context, the defendant's age, drinking volume, the circumstances and results of the crime, and various circumstances shown in the arguments of this case, such as the circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as ordered.