A defendant shall be punished by imprisonment for six months.

One motor vehicle seized (No. 1) and one motor vehicle key (No. 2).

Punishment of the crime

[criminal history] On June 27, 2008, the Defendant was sentenced to ten months of imprisonment due to a violation of road traffic laws at the Ulsan District Court, etc. On January 22, 2010, the Defendant was sentenced to two years of imprisonment by the same court due to a violation of road traffic laws (driving), and on November 21, 2014, the Defendant completed the execution of the sentence on July 2, 2015 at the Ulsan District Court, which was sentenced to eight months of imprisonment due to a violation of road traffic laws (driving under drinking).

[2] On April 29, 2016, the Defendant driven a C Trate car under the influence of alcohol with approximately 0.177% alcohol concentration in blood without obtaining a driver’s license from the section of approximately 1 kilometer in front of the golf practice site, which is around 42, South-gu, Nam-gu, Ulsan-gu, Busan-do, a mutual in front of the non-exclusive restaurant.

Accordingly, although the defendant had been punished more than twice as a crime of violating the Road Traffic Act, he once again driven a motor vehicle without a driver's license while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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. Article 40 (Selection of Punishment of Imprisonment);

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

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment (Article 53 and 55(1)3 of the same Act ( normal consideration as follows):

1. Article 48(1)1 of the Confiscation Criminal Act (see Supreme Court Decision 201Do1586, May 23, 2013) of the same Act provides that automobiles operating at the time of a drunk driving may be subject to confiscation as “goods provided for a crime” under Article 48(1)1 of the Criminal Act, but such sunset may not be always permitted, and automobiles shall be subject to restriction in accordance with the principle of proportionality applied to the general public in the Criminal Act (see Supreme Court Decision 2012Do1586, May 23, 2013).