A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On June 23, 2016, the Defendant was sentenced to three months of imprisonment with labor for a violation of road traffic law (unlicensed driving) at the Seoul Western District Court (Seoul Western District Court) and completed the execution of the sentence in Seoul Southern Prison on September 22, 2016.

[2] On May 11, 2017, the Defendant, while under the influence of alcohol by 0.162% in blood, operated a vehicle of approximately 100 meters in front of the hotel near Pyeongtaek-si and Seo-dong, while driving a vehicle of about 0.162% in alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Notification of the results of regulating drinking driving;

1. Previous convictions: References to inquiries, investigation reports (Attachment to decisions for drinking or non-licensed crimes), application of Acts and subordinate statutes concerning personal confinement;

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

1. Selection of imprisonment with prison labor chosen;

1. Circumstances that are favorable for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes: A confession, reflectivity, and the fact that a person does not repeat the crime while scraping his/her principal motor vehicle: (a) disadvantageous circumstances such as the suspension of the execution of imprisonment due to drinking or driving without a license; (b) the defendant, who has been punished by a fine, was sentenced for three months due to driving without a license and completed the execution of the sentence; and (c) the defendant committed the principal crime within the period of repeated crime for which three months have not yet passed since he/she completed the execution of the sentence; and (d) the numerical value of this case drinking is relatively high: A sentence imposed on the defendant