A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On June 24, 2009, the Defendant was sentenced to imprisonment with prison labor for a period of one year and one year at the Ulsan District Court on June 29, 201, for a violation of the Road Traffic Act (refluence of the measurement of the noise level), etc.

On August 25, 2015, at around 00:15, the Defendant driven C Poter Cargo at about 400 meters from the front of a restaurant where the trade name in the transmission of the C Poter is unknown, to the front road of the Youngcheon Elementary School located in the dominium, and without obtaining a driver’s license, and driving C Poter Cargo at about 0.218% under the influence of alcohol with a blood alcohol concentration of 0.218%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, references to criminal records, and each 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. The reason for imposing selective sentence of imprisonment with prison labor is that the Defendant has a number of records of criminal punishment due to the same criminal records, including six times of imprisonment with prison labor, and that the amount of drinking alcohol is high is disadvantageous to the Defendant.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant is against whom the defendant is living and the health condition seems to be not good, the punishment shall be determined like the order, taking into account the circumstances favorable to the defendant, and other various sentencing conditions in the records, such as the defendant's age, character and behavior, environment, the circumstances of the crime in this case,