Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On August 25, 2011, the Defendant received a summary order of KRW 2,50,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Suwon District Court on August 25, 201, and a summary order of KRW 4,00,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Suwon District Court on January 5, 2016.
Although the Defendant had twice the power of driving under the influence of alcohol as above, he again driven a B-learning car under the influence of alcohol concentration of 0.143% from May 19, 2016, without obtaining a driver’s license in approximately 12 km section from the front of a cafeteria in the name of the lusium, the lusium on May 19, 2016 to the front road of the E-dong Hyundai Apartment at the same time.
Accordingly, the Defendant, without obtaining a driver’s license, driven a motor vehicle at least twice, and once again driven a motor vehicle while under the influence of alcohol.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Statement of the circumstances of driving at home;
1. Notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Previous conviction: Application of a written inquiry and investigation report (verification of driving force under drinking not less than twice)-related Acts and subordinate statutes;
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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);
1. Selection of imprisonment with prison labor chosen;
1. Circumstances favorable to the reasons for sentencing under Articles 53 and 55(1)3 (hereinafter referred to as the following favorable circumstances): The defendant's age is the defendant's age, the fact that he/she led to the confession of a crime by an investigative agency, the fact that he/she has no record of committing an offense exceeding a fine: The defendant has been punished several times due to a crime of drinking, the fact that the amount of alcohol concentration in the blood transfusion is substantial, and the fact that he/she committed an unlicensed driving.