A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On November 11, 201, the Defendant was sentenced to a summary order of KRW 4 million due to a violation of road traffic law (drinking), etc. at the Incheon District Court’s Busan District Court’s Branch on October 16, 201, and a fine of KRW 7 million due to a violation of road traffic law (drinking) at the Incheon District Court’s District Court on October 16, 201, respectively. On December 23, 2015, the Defendant was sentenced to a suspended sentence of one year for a crime of violation of road traffic law (drinking) at the Incheon District Court’s Incheon District Court’s District Court.

[2] Although Defendant 1 violated Article 44(1) of the Road Traffic Act on two or more occasions, Defendant 2 driven B-on freight without a vehicle’s driver’s license in a five-km section from the central restaurant located in the B-on-to-day, Jeju Island around August 12, 2016 to the front road of the 5541 large-scale road in the same city, from August 12, 2016 to August 12, 2016, under the influence of alcohol concentration of 0.124% in blood without a vehicle’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of a driver driving a drinking, inquiry of the results of crackdown on drinking driving, and the ledger of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (No. 10 of the evidence list);

1. Driving under the relevant legal provision on criminal facts: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act without a license: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Small Quantity is that the defendant was punished for driving without a drinking license three times prior to the previous three times, and the defendant was in the same probation period despite being in the previous three times, and the defendant was subject to the previous detention, but the defendant was subject to the suspended sentence, and the defendant's responsibility is heavy in light of the above circumstances.

However, the circumstances of the instant case may be somewhat taken into account, the fact that the Defendant is breaking his mistake in depth, and the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.