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A defendant shall be punished by imprisonment for six months.
Reasons
Criminal facts
On March 26, 2018, the Defendant driven a CN Scoo-coo car under the influence of alcohol leveling 0.133% while under the influence of alcohol leveling 0.133%, without obtaining a driver’s license, from 8 Do-Do, 1010, to 559, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, 1010.
Summary of Evidence
1. Statement by the defendant in court;
1. Indicating drinking results, driving license register, and making a chassis;
1. Application of statutes governing field enforcement photographs;
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Circumstances favorable to the defendant for sentencing selective sentencing of imprisonment with prison labor are as follows:
The defendant is divided into and reflected in the crime of this case.
The instant crime did not cause any personal and material damage.
The defendant has no previous convictions of imprisonment.
The social ties of the defendant are clear, and the person is seeking the action against the defendant.
Circumstances unfavorable to the defendant are as follows:
In 2016, the Defendant was sentenced to a two-year suspended sentence for a minor violent crime and was sentenced to a two-year suspended sentence for a two-year term for a minor violent crime, and was sentenced to a fine of KRW 5 million on February 2, 2018 during the suspended sentence, but it was still again committed the instant crime even during the suspended sentence period.
Although the defendant is old, he has been sentenced to a fine of 2.5 million won due to drinking driving in 2003.
In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime, the sentence is inevitable, and thus, the sentence is determined as per Disposition.