A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant was sentenced to a summary order of KRW 3 million on October 14, 201, and a fine of KRW 5 million on August 21, 2014. On November 5, 2015, the Defendant was sentenced to a suspended sentence of KRW 10 million for a violation of the Road Traffic Act (drinking driving), and was sentenced to a suspended sentence of KRW 5 million on October 5, 2015.

Although the Defendant had a power of driving alcohol more than twice as above, on April 25, 2016, around 20:25, at around 100 meters near the D cafeteria located in the Gumi-si, the Defendant driven Eind 125 Obaba, under the influence of alcohol leveling 0.087% of alcohol level while under the influence of alcohol leveling to 0.087%, without obtaining a bicycle license for a motor device in the section near the D cafeteria located in Gumi-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Detection photographs;

1. Inquiries into the circumstantial records of drivers who take driving and the results of crackdown on drinking driving;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (report attached to a judgment) and other Acts and subordinate statutes, including criminal history;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment is that the Defendant, even before, was subject to a license without drinking at the time when the Defendant was punished for the same kind of crime, and accordingly, was prosecuted for recidivism, but the Defendant was subject to a suspended sentence due to favorable circumstances, taking into account the favorable circumstances.

Even so far, there has been no longer a license for drinking without drinking.

During blood, alcohol concentration is high, and it seems that he/she purchased, operated, and was working in the name of he/she.

Taking into account the above circumstances, the preference is more appropriate to correct the defendant's behavior.