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

Punishment of the crime

On March 28, 2018, around 20:45, the Defendant driven a B-hand car with alcohol concentration of 0.093% under the influence of alcohol while under the influence of alcohol without obtaining a driver's license from the front of a mutual influence restaurant located in the light-line 20:45, to the front of the same Sinsan River, and from approximately 10km to the main sports strike road.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving, notification of the results of crackdown on drinking driving, and output of the measurement of drinking;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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

1. The Defendant had a record of six times or more of punishment due to driving without a license even after the lapse of 2006.

In particular, the two recent times of the suspension of execution was driven without a license even though it was in the front of the suspension of execution.

The crime of this case is not good, and the risk of recidivism of the defendant is also high.

Although considering the favorable circumstances such as the fact that the defendant's mistake is recognized and reflected, the last punishment is around 2013, it is considered that a strict punishment corresponding to the defendant's act is necessary.

At this time, a sentence shall be imposed against the defendant.

In the above circumstances, the punishment as ordered shall be determined by taking into consideration the alcohol concentration in blood, the distance and place of driving without a license for drinking, the circumstances leading to driving without a license for drinking, the defendant's age, sex, environment, circumstances after the crime, etc.