A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal history] On February 29, 2008, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act at the Seoul Western District Court on February 29, 2008; on December 5, 2011, the Seoul Western District Court issued a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act; on January 31, 2013, the Defendant was sentenced to a fine of KRW 5,00,000 as a crime of violation of the Road Traffic Act at the Seoul Western District Court on May 23, 2014; and on August 10, 2017, the Defendant was sentenced to a suspended sentence of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on July 21, 2017.

[Criminal facts] On November 30, 2017, the Defendant driven an E-wheeled vehicle under the influence of alcohol concentration of 0.180% without a motor device bicycle driver’s license in approximately 150 meters from the front of Eunpyeong-gu Seoul Metropolitan Government C at the front of the road to D in the front of Eunpyeong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and a statement of reasons therefor;

1. The driver's license ledger (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The sentencing conditions stipulated under Article 51 of the Criminal Act, such as the Defendant’s age, sex, family environment, economic situation, motive for the commission of the crime, and circumstances after the commission of the crime, on the grounds specified in Articles 53 and 55(1)3 of the Criminal Act, shall be determined as ordered in light of the sentencing conditions stipulated under Article 51 of the Criminal Act.

Article 148-2 of the Road Traffic Act provides the punishment standards for drinking driving for the purpose of preventing the driving of drinking that threatens the safety of road traffic from being smoked and the driving of drinking.