A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On February 7, 2011, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act in the Gwangju metropolitan District Court's support on February 7, 201, and on December 10, 201, was sentenced to a suspended sentence for six months by imprisonment with labor for a violation of the Road Traffic Act (driving) at the Gwangju Gwangju District Court on December 10, 2014, and the said judgment became final and conclusive on December 18, 2014.

Although the Defendant had been punished twice or more for violating the Road Traffic Act, on March 23, 2016, at around 22:41, while under the influence of alcohol by 0.168% without a driver’s license, the Defendant driven a B observer car in the section of approximately 300 meters from the front day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 300th day of the 2nd day of the 300th day of the 2nd day of the Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, results of the control of drinking driving, and the register of driver's licenses;

1. Control note;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the period of stay of execution of a suspect), and application of one copy of judgment;

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 of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant has been subject to punishment several times due to drunk driving and unlicensed driving, and even though he/she had been under suspension of the execution due to the same crime, he/she repeats drunk driving andless driving.

The sentence of a fine or a suspended sentence is sentenced as it is deemed difficult to prevent recidivism of a defendant.

In determining a specific sentence, it shall be considered in favor of the defendant in favor of the fact that it is against the defendant, and in favor of the fact that the blood alcohol concentration is not low at the time of driving, respectively.