A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 13, 2007, the Defendant issued a summary order of a fine of KRW 2 million for a violation of the Road Traffic Act (drinking driving) on the support of the Korea Coast Guard, and on December 14, 2010, the Defendant was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving) on the support of the Korea Coast Guard. On July 1, 2014, the Defendant was sentenced to imprisonment of KRW 8 months for a violation of the Road Traffic Act (drinking driving) and two years for a suspended sentence.

On January 23, 2016, the Defendant violated Article 44(1) of the Road Traffic Act two or more times, and driven D rocketing car under the influence of alcohol content of about 0.169% without obtaining a driver’s license from the 4km section of approximately 4km from the road near the 6-road registration place of the vehicle, which was located in Ansan-si, Nowon-gu, Seoul Special Metropolitan City, to the front of the 714 Geumnam-dong, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on the driving of a brewing engineer;

1. Records of drinking measurement and the ledger of driver's licenses of motor vehicles;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, two copies of a summary order, and one copy of a judgment;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Although the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act of the Act on Reduction of Small Quantity, despite the Defendant was punished twice by a fine due to drinking, and once a suspended sentence, the Defendant’s non-license or drinking in this case during the period of suspension of execution, even if he/she owned a motor vehicle that was driven by drinking even when he/she was sentenced to a suspended sentence, he/she was driving by using the same motor vehicle without obtaining a license again; 0.187%, 0.198%, and 0.204%, the Defendant’s previous crime of drinking was 0.169%.