A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On April 22, 2008, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act at the Daegu District Court, and was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act at the Daegu District Court on July 20, 2012, and was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act at the Daegu District Court on July 20, and was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act at least twice.

[2] On June 12, 2016, the Defendant driven a motor vehicle with a alcohol content of 0.264% in blood around 12:45, the Defendant, while under the influence of alcohol at around 0.264%, with no driver’s license, at the section of approximately 10 km in front of the upper bank apartment site located at about 6-9 square meters in Sinsan-si, Cheongju-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement of the circumstances of driving at home;

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

1. The driver's license ledger;

1. On-site photographs;

1. Previous convictions: Inquiry of criminal history data and application of Acts and subordinate statutes of a report on criminal investigation (verification of the same criminal records as 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. In light of the fact that the Defendant again committed the instant crime even though he/she had been subject to punishment several times (three times of suspended execution and two times of fines) due to driving under drinking, and that the alcohol concentration in blood was very high by 0.264%, it is inevitable to sentence the Defendant to the punishment.

However, the Defendant’s confession of the instant crime and reflects his mistake, and other circumstances constituting the conditions for sentencing as shown in the instant pleadings, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime.