A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 3, 2009, the Defendant was issued a summary order of a fine of three million won due to a violation of the Road Traffic Act in the resident settlement support of the Daegu District Court on November 3, 2009, and was sentenced to imprisonment of eight months for a violation of the Road Traffic Act (driving) at the Incheon District Court on August 7, 2013 and two years for a suspended sentence. The judgment becomes final and conclusive on August 15, 2013 and is currently under suspended sentence.

피고인은 2013. 10. 15. 01:20경 구미시 선기동에 있는 샛별주유소 앞 도로에서 자동차운전면허 없이 혈중알코올농도 0.082%의 술에 취한 상태로 B 투싼 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a report on the confirmation of the same criminal records) and Acts and subordinate statutes;

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. The sentence of imprisonment is inevitable in light of the following: (a) there has been five times of punishment due to drunk driving or unlicensed driving, including the previous conviction on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) the crime of this case is committed during the period of suspension of the execution of the same kind of crime; and (c) the penalty for the crime of this case has a record of punishment

However, the sentence shall be determined as ordered in consideration of the fact that drinking water is not high, the fact that it is against it is considered in a favorable condition, and other circumstances, such as the age, character and behavior, environment, etc. of the defendant.