A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 2, 2011, the Defendant was sentenced to a summary order of KRW 5 million for a violation of the Road Traffic Act (drinking driving), etc. in the support for the development of the methods of water sources, and on November 11, 2016, the Defendant was sentenced to a suspended sentence of KRW 2 years for a period of eight months for the same crime, etc.

On November 13, 2016, the Defendant driven B Poter truck under the influence of alcohol content of 0.109% while under the influence of alcohol without obtaining a driver’s license from around 500 meters from the front side of the net month in the Geum-dong in the Geum-dong, Pari-si, Pari-dong to the front side of the Sari-dong in the Pari-si, Pari-si, Pari-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Records of judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of criminal records of the same kind as the suspect, and confirmation of cases pending in the trial of the suspect);

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 many criminal offenders of the same kind. However, since the sentence of suspended execution was rendered by the first instance court for the same kind of crime, it is inevitable to sentence the Defendant, since he/she again renders a non-exclusive driver's license drinking, such as this case, only once he/she was sentenced to suspended execution.

However, considering the favorable circumstances in which the defendant appears to reflect the defendant's wrong, the defendant's age, sex behavior, environment, family relationship, details of the crime, circumstances after the crime, etc. shall be taken into consideration, and the punishment as set forth in the order shall be determined.