A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 24, 2013, the Defendant issued the Seoul Western District Court a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and on March 27, 2015, the same court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving), respectively. On April 14, 2015, the same court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) on at least two occasions.

On November 26, 2015, around 05:55, the Defendant driven Cone Star Corer under the influence of alcohol concentration of about 0.194% without obtaining a driver's license from the section of approximately 2km from around 24, the 33-lane-ro, Eunpyeong-gu, Seoul, Eunpyeong-gu, to the front road of the Guro-dong, Eunpyeong-gu, Seoul, for about 94.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal suspect's records, etc.);

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 for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that the reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small volume is not only a history of having been punished several times due to drinking driving, but also a defendant is under suspension of the execution due to drinking driving, and the driver's license was revoked and again commits the crime of drinking driving in this case, it is necessary to punish the defendant strictly.

On the other hand, there is a reason to take into account the circumstances such as the fact that the defendant has no criminal record and is in profoundly against the defendant.

Such circumstances and reasons, the background of the instant crime, and the instant case.