A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a suspended sentence for six months by imprisonment with prison labor for a violation of the Road Traffic Act at the Jung-gu District Court on October 15, 2013, and the judgment became final and conclusive on October 23, 2013, and is currently under the suspended sentence.

【Criminal Facts】

At around 02:00 on January 13, 2015, the Defendant driven B SP car under the influence of alcohol content of 0.271% without obtaining a driver’s license from the Do located in the two sides of the Sincheon-si to the road before the police box located in the same Ri, which was around 30 meters in front of the police box located in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 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 Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is the criminal fact that the defendant was sentenced to a suspended sentence of six months on October 15, 2013 on the grounds that he/she had been sentenced to a suspended sentence of two years on October 15, 2013, and again committed the instant crime with the same passenger vehicle during the suspended sentence of two years; the blood alcohol concentration in the instant case is 0.271% and its numerical value is very high; and driving a non-exclusive license.

In light of the fact that telegraphs have caused traffic accidents such as receiving telegraphs, the sentence of punishment shall be imposed against the defendant.

However, the record of punishment for the same crime is not only one time for drinking driving in 2005, but also one time for driving without a license in 2007, and one time for driving in 2007, his/her mistake is divided and reflected in depth, and the defendant's age, character and behavior, family environment, and crime are committed.