Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On April 11, 2016, the Defendant, without a driver’s license, driven a non-registered franc with no mandatory insurance policy at approximately 5 km section of approximately 5 km from the Gangnam-gun, Gangnam-gun, Gangwon-do, Gangwon-do, Gangwon-do, Gangwon-do, with a 0.273% alcohol level, while under the influence of alcohol at around 21:50.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Written statements of D;
1. Application of Acts and subordinate statutes to notify the register of driver's licenses, report on circumstantial statements of a driving driver, notification on the results of the control of drinking driving, and non-reported two-wheele
1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment imposed on the crimes of drinking alcohol and the crimes of unlicensed driving, and the crimes of heavy drinking alcohol driving)
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation: (a) the Defendant was sentenced to a suspended sentence for six months on October 30, 2014 by committing a violation of the Road Traffic Act, in a branch of the Gwangju District Court for the promotion of interest, etc. on October 30, 2014; (b) the Defendant committed the instant crime even during the suspended sentence period after the judgment became final and conclusive on November 7, 2014; (c) the Defendant’s legal attitude does not seem to seriously reflect his/her mistake; (d) normal circumstances favorable to the Defendant’s blood alcohol concentration is considerably high: The Defendant led to the instant crime; and (e) the Defendant disposed of the instant Oba while having been led to his/her confession and not driving again; and (e) the Defendant’s age, character, character, environment, etc.