A defendant shall be punished by imprisonment for six months.

Punishment of the crime

【The Defendant was sentenced to ten months of imprisonment with prison labor for a crime of violation of the Road Traffic Act (driving of Drinking) and the Act on the Aggravated Punishment, etc. of Specific Crimes in the Incheon District Court on October 5, 2011. On May 11, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a crime of violation of the Road Traffic Act (driving of Drinking) in the support of the Suwon Giwon method, and on November 7, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a crime of violation of the Road Traffic Act (driving of Drinking) at a female prison on at least two occasions.

【Criminal fact-finding on February 25, 2017, the Defendant was under the influence of alcohol content of 0.093% in blood around 09:27, without obtaining a driver’s license. The Defendant driven D Poter freight at a section of about 10km from the 10km away to the front road of the sports park located in the Sindo-dong, Singu-dong.

Accordingly, the defendant driving a motor vehicle without obtaining a driver's license, while driving a motor vehicle at the same time, and driving a motor vehicle again even though he/she has a drinking record at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the surrounding driver, inquiry into the results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous convictions: Inquiries about criminal history, investigation reports (verification of suspect drinking records, etc.), judgment sentences, and application of Acts and subordinate statutes to inquire about personal expropriation;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the Defendant’s age, sexual conduct, environment, circumstances leading to the instant crime, means and results thereof, circumstances after the instant crime, quantitative examples in similar cases, and other various sentencing conditions as shown in the instant pleadings shall be considered. In particular, the Defendant shall take into account the following circumstances into account.