A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 22, 2015, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of road traffic laws at the Ulsan District Court on July 22, 2015, and on August 9, 2016, the Defendant was sentenced to a suspended sentence of one-year imprisonment with labor for a crime of violating road traffic laws (drinking) at the same court on August 9, 2016, and the said judgment became final and conclusive on the

On January 17, 2017, the Defendant was under the influence of alcohol of 0.113% in blood without obtaining a driver’s license for a motor vehicle on January 23:30, 2017, and was driving C in the section of approximately 1km from the area near the Southern National Social Welfare Center in Ulsan-gun to the front of the mountain Culture Center located in the same Eup.

As a result, the Defendant, who violated the drinking regulations at least twice without a driver's license, was driving the said vehicle under the influence of alcohol in violation of the drinking regulations.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 13) Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), 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 Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Code for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3) of the Criminal Code (see, e., Supreme Court Decision 2007Da1448, Apr.

It is reasonable to give the defendant an opportunity of correction through the isolation from society for a certain period of time when considering the fact that there is no particular reason to consider the motive or circumstance of the crime, the danger of personal and material damage, the repetition of the crime, the risk of recidivism, the drinking volume (0.113%) etc. of the drinking driving itself, etc.