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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, for two years from the date this judgment becomes final and conclusive, the execution of punishment shall be suspended.
Reasons
Punishment of the crime
On January 18, 2012, the Defendant was sentenced to a summary order of one million won for a crime of violating the Road Traffic Act in the Gwangju District Court's net support on January 18, 2012, and was sentenced to a summary order of 1.5 million won for the same crime in the same court on July 30, 2012, and was sentenced to a summary order of 1.5 million won for the same crime in the same court on March 30, 2016.
On October 16, 2016, the Defendant, without obtaining a driver's license at around 00:10 on October 16, 2016, driven a dPoter truck with a volume of 300 meters away from the Do in front of 1st century, in the same city of 0.105% alcohol level, while under the influence of 0.10%.
Summary of Evidence
Defendant’s legal statement
Before ruling on the register of driver's licenses on a statement of state of driving: Application of Acts and subordinate statutes on criminal records, etc.
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152 and Article 43 of the Criminal Act concerning the facts constituting an offense;
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of sentence of alternative imprisonment;
4. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
5. Article 62 (1) of the Criminal Act;
6. The Defendant for sentencing under Article 62-2 of the Social Service Order Criminal Act has received a summary order twice due to drunk driving, and is driving at a higher drinking level of 0.165% around March 2016.
Around July 2016, a traffic accident was caused by a fine of KRW 9 million.
Nevertheless, drinking driving has been repeated in a period of not less than three months.
It is not good that the defendant's crime of drinking driving is not good, and there is a high possibility of recidivism of drinking driving.
Considering that the defendant works as a street cleaners and raises his or her mother and child, it is necessary to severely punish the defendant.
Provided, That the punishment shall be determined in consideration of the fact that the accused has no criminal records exceeding the fine.