A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On June 24, 201, the Defendant was sentenced to a fine of 2.5 million won as a crime of violating the Road Traffic Act (driving in Drinking) in the Support of the Mangwon of Sugwon, and on June 14, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving in Drinking) in the Support of the Mangwon of Mangwon, and on September 1, 2016, on September 1, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Evacuation in Vehicles) in the Support of the Mangwon of Mangwon, and the period of parole passed on June 30, 2017 during the execution of the sentence and the period of parole on August 22, 2017.

[2] On May 16, 2018, around 21:50, the Defendant driven a CK5 vehicle without a driver’s license, while under the influence of alcohol leveling 0.183% from the 1km section of approximately 1km to the 16-1st road of Sincheon-dong, Sincheon-si, Sincheon-si, Seoul Special Metropolitan City.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol in violation of the same provision without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of the fact of crimes, previous convictions and judgments, etc. during the period of repeated crimes), and statutes;

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 defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment, has the record of having been sentenced to a fine, imprisonment, etc. for the same crime several times.

Nevertheless, there is a high possibility of criticism in the sense that the crime of this case is committed without being aware of during the period of repeated crime.