A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On July 17, 2013, the Defendant was sentenced to a summary order of a fine of KRW 8 million for a violation of road traffic law at the Suwon Friwon, etc. on July 17, 2013, and on February 3, 2015, the Defendant was sentenced to a suspended sentence of six months for a violation of road traffic law at the Seoul Western District Court.

[2] Although the Defendant had been punished twice or more for the crime of violating the Road Traffic Act as above, he driven CK5 cars in the section of about 300 meters from the public parking lot in Gangnam-gu, Seoul, Gangnam-gu, Seoul, to the road of 183-10-dong, Gangnam-gu, Seoul, while under the influence of alcohol at around 04:15 on July 22, 2017 without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of a driver driving a drinking, a report on the results of regulating drinking, and the register of driver's licenses;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

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 (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55 (1) 3 of the Criminal Act for mitigation of amount of punishment is that the defendant led to five times the punishment power of the defendant due to the same kind of crime (driving or driving without a license), so that the period of pening is too late.

Despite the fact that the suspension of execution was sentenced to the last alcohol driving among the punishment records and that it was too well known to the court that it was the last place that can be cut off, the defendant is also aware of alcohol concentration in blood.