A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On July 20, 2010, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court on April 26, 2012, and a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court on April 26, 2012, and on September 7, 2017, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act at the Gwangju District Court on September 15, 2017, and was sentenced to a suspended sentence as of September 15, 2017.

[2] On November 13, 2017, at around 01:15, the Defendant driven a Di30 vehicle under the influence of alcohol concentration of about 0.14% while under the influence of alcohol without obtaining a driver’s license from approximately 5km section from the front side of “heat of the sea,” which is located in Seo-gu, Seo-gu, Gwangju, Seo-gu, 337, to the front side of the mountain-dong located in 257 on the same day, from around 01:30 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. The circumstantial report;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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 provides three times the driving skills of drinking alcohol for the reason of sentencing under Article 55(1)3 of the Act, and in particular, in light of the fact that the court, on September 7, 2017, sentenced a two-year suspended sentence to six months of imprisonment with prison labor due to drinking, was sentenced to a two-year suspended sentence on September 15, 2017, and the judgment became final and conclusive on September 15, 2017, a serious punishment is inevitable.

However, considering the favorable circumstances, such as the reflection of the crime, the first fact that the substitute driving is expected, etc., the punishment as ordered shall be determined by taking into account the Defendant’s age, sex, environment, family relationship, motive, means and consequence of the crime, and all of the sentencing factors specified in the arguments in the instant case, such as the circumstances after the crime.