A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant, at the Seoul Central District Court on April 14, 2008, was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving), the fine of KRW 4 million as a same crime at the Seoul Northern District Court on January 23, 2014, and the fine of KRW 7 million as the same crime at the Seoul Central District Court on July 20, 2015, respectively. On May 23, 2017, the Defendant was sentenced to a suspended sentence of imprisonment of KRW 8 months for the same crime at the same court on May 31, 2017, and the said judgment became final and conclusive on May 31, 2017.

On April 19, 2018, the Defendant, at around 08:04, driven a C K7 vehicle under the influence of alcohol content of 0.053% in alcohol, without obtaining a driver’s license in the section of approximately 2 km from the vicinity of the Seo-dong, Gangnam-gu, Seoul to the front road of about 722 meters from the Dong-dong, Gangnam-gu, Seoul to the front road of 722.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Notice of the results of regulating the driving of drinking alcohol and a record of measuring drinking alcohol;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiry, such as a written inquiry about criminal history, investigation report (verification of the history of driving a suspect drinking), summary order, text of judgment, etc., and report on investigation (report on the previous conviction and results of confirmation of the previous conviction);

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;

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

1. Selection of imprisonment with prison labor chosen;

1. Sentence of punishment is made in consideration of the fact that the sentence was committed during the period of suspension of execution due to the same kind of crime, and the punishment is classified as the order, considering the following factors: the defendant's age, sexual behavior, environment, criminal record, drinking volume, the degree of alcohol, the circumstances after the crime, etc.: Provided, That the sentence is determined as the same in light of the following factors: