A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] On October 6, 2014, the Defendant was sentenced to a summary order of KRW 3 million for a violation of road traffic law (drinking driving), and on January 26, 2015, the Defendant was sentenced to a summary order of KRW 4 million for a violation of road traffic law (drinking driving), respectively. On May 25, 2016, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with labor for a violation of road traffic law (drinking driving) in the same court.

[2] On May 15, 2017, under the influence of alcohol content of 00:23% during blood, the Defendant driven a car in the section of about 300 meters from the section of about 300 meters in front of the red sprink, which is located in the 85-ro, Sejong City without a driver’s license, on the roads near the inn city terminal at Sejong City to the inn city, at the time of inn city, from the 26-ro, with a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment report to criminal records of the same kind and written judgments of the suspect);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection and punishment of imprisonment with prison labor, taking into account the fact that the defendant committed the instant crime without being sentenced to imprisonment with prison labor for selective sentencing during the suspension period of execution of the reasons for sentencing, shall be determined as ordered by taking into account the following factors: (a) the defendant led to the confession of the crime; (b) the distance of driving under drinking is about 300 meters; (c) the driving distance of driving under drinking does not cause traffic accidents while driving; and (d) the defendant's age, sex behavior, environment, etc.