A defendant shall be punished by imprisonment for not less than five months.

Punishment of the crime

On November 24, 2016, at around 11:10, the Defendant driven B Poter truck under the influence of alcohol content of 0.083% while under the influence of alcohol without a driver’s license, from the road in front of the Nowon-si Culture Village in Gwangju, to the main 124-2, Young-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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

1. The Defendant had been punished five times from 202 to 2014 due to drinking, driving without a license, and the Defendant caused a traffic accident due to the instant crime. On October 1, 2014, the Defendant committed the instant crime after having been sentenced to a two-year suspended sentence for six months by drinking, driving without a license at the Gwangju District Court, which was sentenced to a two-year suspended sentence, and the Defendant committed the instant crime immediately after the expiration of the suspended sentence period. Therefore, it is inevitable to sentence the Defendant as sentenced to imprisonment.

However, since there are favorable circumstances such as the defendant's confession of and reflects on his own crime, it shall be taken into account, and all of the sentencing conditions specified in the arguments in this case, such as the defendant's age, sex, environment, health condition, circumstances after the crime, etc., shall be determined as ordered by considering the following factors.