A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On October 31, 201, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on October 31, 201, and a fine of 3 million won for the same crime at the Seoul East District Court on June 14, 2013. On October 14, 201, the Defendant was sentenced to a summary order of 3 million won for the same crime, and on October 14, 2014, was sentenced to a suspended sentence of 6 months for the same crime, and the said judgment became final and conclusive around that time.

【Criminal Facts】

On January 1, 2015, at around 04:35, the Defendant driven a vehicle under the influence of alcohol 0.071% of alcohol level 0.071% without obtaining a driver’s license from the front side of Gangdong-gu Seoul Metropolitan City, to the front side of 1168 (Slow-dong) as the Gu's Incheon-dong.

Accordingly, the defendant, who has driven a motor vehicle more than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Control note;

1. The driver's license ledger;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (Attachment to the same type of power judgment, etc.);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (not less than twice a drunk driving), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. A favorable circumstance is that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is against the reason therefor, that the blood alcohol concentration is not high, and that the wife and two children should be supported.

However, the defendant has a record of being punished three times (one suspended sentence, two times) due to drinking driving, and in particular, since he was sentenced to a suspended sentence and probation due to drinking driving, he did not exceed three months, he did drinking, driving without a license, and other age, character, character, environment of the defendant.