A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

Even if the Defendant had already been under the influence of drinking and non-licenseing driving in 2005, the Defendant again received a disposition of suspending indictment on the leading conditional guidance, the Defendant has a history of driving under the influence of drinking, which was sentenced to a fine of KRW 1.5 million on July 12, 2018 due to a crime of violating the Road Traffic Act (driving) by this court on February 19, 2016.

In addition, even though the Defendant violated the duty of prohibition on driving under the influence of alcohol twice or more, on May 4, 2018, the Defendant driven a F G car from around 1.5 meters from the front side of the “Del” in Busan Jung-gu to the front side of the building, while under the influence of alcohol level of 0.107% at around 05:07 on May 4, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of alcohol, statement of the circumstances of the driver driving, inquiry of the results of crackdown on the driving of alcohol, ledger of driver's license, vehicle inquiry, temporary driving certificate, and details of revocation of driver's license;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, inquiry about the decision, reporting on the results of confirmation of the previous convictions of the disposition, and applying Acts and subordinate statutes to investigation reports (16,17).

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the facts constituting an offense;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for the punishment of the crime of this case is very high in alcohol level at the time of the crime of this case. ② In the crime of this case, since the driving of drinking constitutes the reason for revocation of the original driver’s license, the driving of the motor vehicle in the crime of this case does not differ from the driver’s license. In addition, within one week after the detection of drinking driving, the police investigation was conducted within one week after the detection of drinking, changing the vehicle to the vehicle to the effect that a temporary driving certificate with the validity period of 40 days can be issued by taking into account the time required for the administrative procedure for revocation of the license, thereby committing the crime of this case. In the case of the defendant, the second detection of drinking by drinking was made,