A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On March 19, 2014, the Defendant was sentenced to a fine of 1.5 million won for the crime of violating the Road Traffic Act at the Gwangju District Court, and a fine of 7 million won for the same crime at the same court on August 12, 2015, respectively, and on May 8, 2018, the Defendant was sentenced to a suspended sentence of 6 months for the crime of violating the Road Traffic Act at the Gwangju District Court on May 16, 2018, and the judgment became final and conclusive on the 16th of the same month.

On June 3, 2018, the Defendant, without obtaining a driver’s license of a vehicle at around 01:50, driven a B rocketing car at approximately 200 meters in front of the 54-distance 54-distance from the monthly ero of Gwangju Mine-gu, in the shape of alcohol level of 0.131%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification during the period of suspension of execution);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable conditions: The Defendant, as before the instant case, was punished three times due to drinking driving as stated in the judgment; the Defendant again committed the instant crime without being aware of the fact that he was sentenced to a suspended sentence of imprisonment due to a crime of drinking driving; and the blood alcohol concentration was high.

C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.