A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

피고인은 2015. 10. 7. 19:40경 광주 서구 광천동에 있는 광천파출소 앞 도로에서부터 광주 광산구 우산동에 있는 스타팰리스 호텔 앞 도로에 이르기까지 약 10km 구간에서 자동차운전면허를 받지 아니하고 혈중알코올농도 0.287%의 술에 취한 상태로 B 칼로스 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant provisions of Article 148-2 (2) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant was punished once in 2005 on one occasion due to drunk driving in 2005; (b) the Defendant was punished on one occasion due to drunk driving in 2006; (c) re-offendered on August 27, 2015, immediately before the instant crime; (d) the degree of blood alcohol alcohol concentration is very high; and (e) the driving distance is extremely high.

On the other hand, the fact that the defendant has no record of punishment more than a fine, that the defendant does not repeat again, and that the crime of this case does not cause a traffic accident is more favorable.

The punishment shall be determined as ordered in full view of all the sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, health condition, circumstances after the crime, and circumstances after the crime.