A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[Criminal Power] On August 10, 2007, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspension of execution for the violation of the Road Traffic Act and the violation of the Road Traffic Act (unlicensed Driving) in the Youngcheon District Court’s monthly support on August 10, 2007. On October 17, 2014, the same court was sentenced to imprisonment with prison labor for 6 months and 2 years of suspension of execution.

【Criminal Facts】

On September 21, 2016, the Defendant, while under the influence of alcohol by 0.079% without a car driver’s license on September 21, 2016, driven Category C 2 cargo vehicles at approximately 1.3km from the front side of the KJ in Young-gun, Young-gu, Gangwon-gu, to the front side of the KV in the same Ri, and drive approximately 6km from the 6km section from the front side of the Defendant’s dwelling in Young-gu, Gangwon-gu, Seoul, without a car driver’s license to October 4, 2016 to the front side of the FH in the E, without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and subparagraphs 1 and 43 of Article 152 of the same Act, respectively;

1. Articles 40 and 50 (mutual between the crimes of violating the Road Traffic Act of September 21, 2016 and the crimes of violating the Road Traffic Act of the same day as those of the violation of the Road Traffic Act of September 21, 2016);

1. Selection of each sentence of imprisonment;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation has the record of being punished for drunk driving on five occasions, including two times of suspended execution, and the fact that the defendant once under the suspended execution period due to drunk driving, once again under the suspended execution period, and the fact that drinking and unlicensed driving are discovered, and the defendant again conducted a non-licensed driving after undergoing an investigation by the investigative agency.