A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[criminal power] On December 26, 2013, the Defendant was issued a summary order of KRW 1.5 million by the Jeonju District Court for a violation of the Road Traffic Act, and on January 28, 2015, the Defendant was issued a summary order of KRW 4 million by the same court as the same crime on January 28, 2015, and on April 5, 2016, the same court was sentenced to a suspended sentence of KRW 2 years in imprisonment for a violation of the Road Traffic Act (driving). On April 13, 2016, the Defendant is a person who was under the suspended sentence as of April 13, 2016.

【Criminal Facts】

On August 6, 2016, the Defendant, without obtaining a driver’s license on August 6, 2016, driven C Spoke in a section of about 40 meters from the mutual infinite-gu Peace-dong, Jeonju-si to the road front of the peace apartment 303-dong, under the influence of alcohol level of 0.188%.

As a result, the Defendant violated Article 44 (1) of the Road Traffic Act not less than twice (Prohibition of Driving under the influence of alcohol) without obtaining a driver's license, and drives a motor vehicle under the influence of alcohol by violating it again.

Summary of Evidence

1. Defendant's legal statement;

1. Voluntary report;

1. Copy of the ledger using a drink of drinking alcohol, notification of the results of the control of drinking alcohol driving, circumstantial statements of drinking drivers, features of drinking drivers, uniforms, language, and the result of attitudes;

1. The driver's license output ledger;

1. Previous records of judgment: Application of inquiries, such as criminal records, and investigation reports (a summary order, etc. attached to the same type of power);

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter following sentencing factors favorable to the defendant among the reasons for sentencing) - The circumstances unfavorable to the defendant are three times including the same criminal records and the suspended execution for not more than three years.