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

Punishment of the crime

On March 19, 2013, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act at the Seoul Southern District Court on March 19, 2013; on June 26, 2014, the Defendant was sentenced to a suspended sentence of two years for eight months by imprisonment with prison labor for a violation of the Road Traffic Act (non-licensed driving) and a violation of the Road Traffic Act (non-licensed driving).

Although the Defendant had been subject to punishment twice or more due to driving of alcohol as above, around September 23, 2016, around 01:23, the Defendant driven C low alcohol cars while under the influence of alcohol with approximately 500 meters alcohol concentration of 0.150% without obtaining a driver’s license from the road near the framework of the drinking of Gangseo-gu Seoul Metropolitan Government, Gangseo-gu to the front road of the home flusium river located in 398 in the same lusium of Gangseo-gu, Gangseo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and report on the results of regulating drinking;

1. Previous conviction: Application of an inquiry letter, text of judgment, and each summary order, such as criminal history;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the records that the Defendant had already been punished three times due to drinking driving, and among which, on June 26, 2014, this court was sentenced to a suspended sentence of two years due to drinking or non-licensed driving on August 8, 2014.

In light of the fact that the instant crime was committed after the period of the above suspended sentence expires, it is inevitable to severely punish the instant crime in light of the fact that the instant crime was driven in a state without a license, the blood alcohol concentration is high, and three months have not passed since the suspended sentence was terminated.

In addition, the sentencing conditions shown in the pleadings, such as the defendant's environment, motive, and circumstances after crimes, are considered.