A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 11, 2014, the Defendant was sentenced to a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, and a fine of KRW 2,50,000 for the same crime on January 21, 2016. On November 21, 2017, the Defendant was sentenced to imprisonment with prison labor for six months and two years of suspended execution, and the judgment became final and conclusive on November 29, 2017.

On December 29, 2017, the Defendant, without obtaining a driver's license on a motor vehicle, driven a DCM 3 motor vehicle in the section of about 5km from the trade name in front of the U.S. in the Seo-gu Daejeon-dong, Daejeon-gu Samsungdong to the roads front of the Daejeon-dong Samsungdong High School, while under the influence of 0.139% of alcohol during blood.

As a result, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol again.

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. Registers of driver's licenses, 112 reported case lists, on-site photographs;

1. Previous convictions in judgment: Inquiry into criminal records and investigation records, reporting on investigation (Attachment to previous rulings), and application of the statutes of the judgment;

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. Formal concurrence and the choice of punishment under Article 40 of the Criminal Act, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small quantities is that the Defendant recognized the error and reflects the fact that he/she is receiving treatment for alcohol addiction, support the mother who provides cancer treatment, and support the mother and his/her mother and his/her mother wanting to be the Defendant’s wife.

However, the defendant was punished three times due to drinking driving, in particular, re-offendered at only one month in which the judgment of suspension of execution became final and conclusive, and after driving under the influence of alcohol, the following day, the defendant was able to drank on the road without a license, and it was considerably high even though the defendant was able to draw up the vehicle on the road.