A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 19, 2017, the Defendant was sentenced to a fine of three million won for the crime of violating the Road Traffic Act at the Gwangju District Court, on November 16, 2017, to a suspension of execution on April 24, 2017 due to a crime of violating the Road Traffic Act (drinking driving), a crime of violating the Road Traffic Act (dacting driving) and a violation of the Road Traffic Act (dacting driving). The judgment was finalized on November 24, 2017.

On December 26, 2017, the Defendant driven a vehicle with low alcohol level of about 0.154% from the blood alcohol level without obtaining a driver’s license for a vehicle on December 26, 2017, and then drive a vehicle with low alcohol level of about 5km from the direction of the Gwangju Mine-gu LC to the front of the Yongsan-gu Seoul Northern-gu culture flow.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. An explanatory note;

1. The point of previous convictions in judgment: The application of an inquiry letter, such as criminal history, and an inquiry report (the previous confirmation of the past 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 reason for sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Small Quantity is that the defendant has driven three times within a short period of time due to drinking and driving without a license, and that the defendant has done drinking and driving without a license at the end of one month without being subject to suspension of execution even though he/she was under suspension of execution due to drinking and driving without a license, so it is inevitable to severely punish the defendant as it is not very good that the crime is committed.

However, considering the favorable circumstances in which the defendant reflects the crime, etc., the punishment shall be determined as ordered by taking into account all factors of sentencing as shown in the argument of this case, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime.