A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On January 29, 2010, the Defendant was sentenced to a fine of two million won for a crime of violation of the Road Traffic Act at the Gwangju District Court, and on February 6, 2014, the Defendant was sentenced to imprisonment for six months with prison labor for a crime of violation of the Road Traffic Act (driving) and two years of suspended execution at the Gwangju District Court, which became final and conclusive on February 14, 2014, and is still under suspended execution.

【Criminal Facts】

On October 15:53, 2014, the Defendant, without obtaining a driver’s license of a motor vehicle, driven a motor vehicle with C in the section of about 9 km from the 15km to the heritage of the same military on the roads adjacent to the Yanyang-gun, Namyang-gun, the blood alcohol concentration of 0.169%, while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a driver, report on detection of a driver, and the register of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of the same kind of judgment);

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Scope of recommending sentencing criteria: Offenses for which the sentencing criteria are not set; and

3. Determination of sentence: It is recognized that the defendant in six months of imprisonment reflects his depth.

However, in light of the fact that the defendant has been punished several times for the violation of the Road Traffic Act, and in particular, the defendant committed the crime of this case without being aware of it during the suspension of execution due to the violation of the Road Traffic Act, and that the blood alcohol concentration of the defendant was 0.169% higher than that of the defendant, the sentence of imprisonment is inevitable.

The defendant's age, character and behavior, environment, circumstances of the crime, and after the crime.