A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On March 14, 2008, the Defendant was sentenced to a summary order of a fine of three million won on the grounds of the violation of the Road Traffic Act and the violation of the Road Traffic Act (unlicensed Driving) in the support for the safeness of the methods of the water source on March 14, 2008. On February 9, 2010, the Defendant was sentenced to a suspended sentence of one year on April for the same crime.

On October 14, 2016, the Defendant driven Cone Star Co., Ltd. under the influence of alcohol content of 0.090% in alcohol without obtaining a driver’s license in a section of approximately 800 meters from the vicinity of the Defendant’s residence in Ansan-si, Sinpo-si to Sinpo-si, Sinpo-si, Sinpo-si.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. A driver's license inquiry;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes attaching written judgments;

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

1. Selection of imprisonment with prison labor chosen;

1. On the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act, the sentencing conditions, including the following circumstances and the Defendant’s age, sex, family relation, family environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be determined as set forth in the orders.

3. Unfavorable circumstances: A favorable circumstance that the Defendant committed the instant crime without being aware of the fact that the Defendant was found to have been subject to criminal punishment for four times due to a crime of violating the Road Traffic Act (driving) and a crime of violating the Road Traffic Act (licensed driving). In addition, even on August 29, 2016, the Defendant committed the instant crime without being aware of it.