A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On March 29, 2010, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act by the Incheon District Court on March 29, 201, and a summary order of KRW 3 million as a fine in the same court on December 11, 2015.

On November 19, 2017, at around 05:45, the Defendant driven a CBF motor vehicle under the influence of alcohol concentration of about 0.117% while under the influence of alcohol leveling from around 200 meters to around 63rd roads in front of the Sejong-si, Seocheon-si, Seocheon-si, Seoul, without obtaining a driver's license from around 200 meters in front of the same Gu road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Report on the situation of driving at home and report on the situation of driving without a license;

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

1. Details of driver's license revocation and the ledger of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (verification of criminal history of the same type);

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 of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) of the Act on the Mitigation of Small Quantity is that the Defendant, as stated in the judgment of the court, had had a record of two criminal punishment due to driving under drinking, again led to the instant crime by driving under drinking or without a license, even though he/she had a record of two criminal punishment due to driving under drinking.

The Defendant’s drinking volume due to the instant crime constituted 0.117%, and the previous drinking alcohol level falls under 0.116% and 0.129%, and the drinking volume was 0.129% and all of the drinking alcohol level was considerably dangerous. Furthermore, the Defendant was sentenced to a suspended sentence for 8 months due to a violation of the Road Traffic Act on July 14, 2017.