A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On December 21, 2006, the Defendant was sentenced to a fine of three million won due to a violation of road traffic law (drinking driving) at the Daejeon District Court on July 7, 2016, and a fine of one million and five hundred thousand won due to a violation of road traffic law (dacting driving) at the same court on July 7, 2016, and on October 5, 2016, the same court was sentenced to a suspended sentence of four months for a violation of road traffic law (dacting driving without a license) and was sentenced to a suspended sentence of two years for a violation of road traffic law (dacting driving without a license) on October 13, 2016.

[2] On February 19, 2017, around 10:41, the Defendant driven a Btosk car under the influence of alcohol concentration of about 0.065% without obtaining a driver’s license from the 1km section from the 48-lane, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongwon-gu to the 34-lane, 81, from the 48-lane, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongdo-ro, to the front road of the Gongkkn-ro, Do-ro, 34, and 81.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice, and drives a motor vehicle without a driver's license in violation of this Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, statement of the situation of the driver driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry, such as investigation reports (former and attachment of judgment), six copies of judgment, criminal history, etc.;

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 alternative imprisonment with prison labor (the following extenuating circumstances out of the grounds for sentencing shall be considered):

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment is that the Defendant was punished five times by a fine due to drinking driving or non-licensed driving. On October 5, 2016, even if he was sentenced one time to a suspended sentence of imprisonment on the one hand, the Defendant again carried out driving or non-licensed driving during the period of suspended sentence.