A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On May 18, 2012, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Gwangju District Court on May 18, 2012, and on August 18, 2016, the said court was sentenced to a suspended sentence of two years for imprisonment with labor for the same crime, etc. and the said judgment became final and conclusive on January 26, 2018.

On June 18, 2018, the Defendant, around 23:16, driven a BM5 vehicle under the influence of alcohol concentration of 0.096% without a vehicle driver's license in a section of about 300 meters in front of the apartment site in the same upper day of the Gu from the agricultural road near the Han-gu, Seo-gu, Seo-gu, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (applicable to the same type of judgment, etc.);

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable condition: The Defendant committed the instant crime without being aware of the fact that he was subject to punishment three times in 2011, 2012, and 2016 due to drinking prior to the instant case, and that he again committed the instant crime without being aware of the fact that he had been under suspension of execution due to drinking, etc., as seen in the previous conviction

C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.