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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On April 26, 2007, the Defendant was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court on August 26, 2007, and was sentenced to a summary order of 5 million won for a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court on May 23, 2012.
On April 18, 2013, the Defendant driven B car under the influence of alcohol concentration of about 0.221% at a section of about 500 meters in front of the same Eup/Myeon located in the Yangyang-si, Yangyang-si, Yangyang-si without obtaining a driver's license on April 18, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. Report on actions taken against an employer, and report on the status of an employer-employed driver;
1. Application of the statutes on the register of driver's licenses;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act (the punishment shall be imposed for a violation of the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant had a history of driving alcohol at multiple times, and even though he continued to obtain a license or a drunk driving after being sentenced to a suspended sentence on account of a drunk driving in 2007, he/she committed the crime of this case even though he/she was sentenced to a fine by continuously driving under the influence of alcohol or driving under the influence of alcohol and was sentenced to a suspended sentence, and even if he/she was sentenced to a fine, he/she is deemed to have a high drinking level, and it is judged that the defendant cannot correct his/