A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On November 23, 2015, the Defendant was sentenced to a two-year suspension of the execution of six-month imprisonment with labor for a violation of road traffic law in the Gwangju District Court's net support on November 23, 2015, and on September 04, 2013, the Defendant was notified of a summary order of a fine of five million won for a violation of road traffic law in the same court on September 04, 2013.

[Criminal facts] On January 21, 2016, the Defendant driven a vehicle of approximately 400 meters in volume B with approximately 400 meters prior to the road in front of the Eup/Myeon, under the influence of alcohol content of 0.210% in blood without obtaining a driver’s license for a motor vehicle on January 21, 2016, while under the influence of alcohol content of 0.210% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (a copy of the text of the judgment), previous convictions in disposition, and reporting results of confirmation;

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount is that the defendant confessions and reflects the instant crime, and supports his family, etc. are favorable circumstances.

However, considering the fact that the Defendant did not know even during the period of suspension of execution for the same crime, and committed the instant crime again on the second month only, that there was a history of being punished three times of drinking, non-licenseing two times of the same crime, and that alcohol concentration in blood is considerably high, a sentence needs to be sentenced to imprisonment with labor due to high risk of recidivism.

In addition, the sentencing conditions shown in the records, such as the defendant's age, sex, and circumstances after the crime, shall be determined as per the disposition.