A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On December 7, 2012, the Defendant was sentenced to a fine of KRW 5 million for a crime of violating road traffic law (drinking) at the Jung-gu District Court on December 7, 2012. On December 19, 2013, the Defendant was sentenced to a fine of KRW 10 million for the same crime in the same court.

In addition, on September 15, 2015, the defendant was sentenced to five months of imprisonment for embezzlement in the same court, and the execution of the sentence was terminated in Seoul Southern Prison on December 9 of the same year.

On July 12, 2016, the Defendant driven a D body-person car with approximately 500 meters alcohol concentration of 0.141% under the influence of alcohol while under the influence of alcohol, from the front side of the parking lot for the Han-dong in the Han-dong in the Republic of Korea, the Gyeonggi-do in Gyeonggi-do, the Gyeonggi-do in Gyeonggi-do, the 201:59, to the front side of the company bank located in the same Ri.

"2017 Highest 2435"

1. Around 00:36 April 9, 2017, the Defendant driven a D body-wide car with alcohol content of 0.153% at the 10-meter section of the road in front of the road in which the 45-type size is 10 meters away from the funeral of Bupyeong-gu Incheon Metropolitan City.

Accordingly, even though the defendant was under the influence of alcohol and was punished not less than twice, he again driven a motor vehicle under the influence of alcohol.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven a D body-wide car without a driver’s license at the location specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The ledger of driver's licenses of each motor vehicle;

1. Previous convictions: Application of an inquiry letter, such as criminal history, an investigation report (verification of driving skills under drinking not less than twice) and Acts and subordinate statutes to report an investigation (verification of repeated records);

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reduction of a small amount;