A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 22, 2013, the Defendant was issued a summary order of a fine of five million won for a crime of violating the Road Traffic Act at the Ulsan District Court on November 22, 2013. On October 2, 2015, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act in the same court on October 2, 2015 and was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act, and the same kind of electricity has been generated more than

On October 4, 2016, the Defendant, without obtaining a driver’s license on a motor vehicle, driven a motor vehicle with Category C in the area of approximately two kilometers from the department store to the road northwest-dong located in Ulsan-gu, Ulsan-do, under the influence of alcohol content of 0.167% in blood.

Therefore, even though the Defendant violated two times or more due to drinking, the Defendant was driving a motor vehicle 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. Registers of driver's licenses and details of cancellation thereof;

1. Previous conviction: Application of criminal history inquiry, sentence, and summary order-related Acts and subordinate 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. Article 40 (Selection of Punishment of Imprisonment);

1. The reason for sentencing under Articles 53 and 55(1)3 of the Act on the Mitigation of Small Quantity Mitigation has already been 4 times the defendant had the ability to drive alcohol for four times. In particular, the crime of this case is a crime committed without being able to do so during the period of suspension of execution due to the same kind of drinking driving, and the drinking level also is considerably high, which makes it inevitable to punish the defendant accordingly. However, the defendant shows an attitude against the crime, taking into account the circumstances surrounding the driving of drinking alcohol claimed by the defendant, etc.