A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[criminal history] On April 19, 2013, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and a fine of KRW 5 million for a crime of violation of the Road Traffic Act at the same court on April 17, 2014, respectively. On March 3, 2016, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the same court on March 3, 2016.

[2] On January 22, 2018, at around 12:15, the Defendant driven a Category C car under the influence of alcohol concentration of 0.077% while under the influence of alcohol while under the influence of alcohol leveling 0.07%, without a driver’s license, from the front side of the 12-gilh, Seo-gu, Seo-gu, Gwangju, Seo-gu, Seoul, to the lower side of the luxan River located on the luxal road in the luxan River in Gwangju Mine-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking and inquiry of the results of crackdown on drinking driving;

1. The driver's license ledger;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and of the Act and subordinate statutes on Criminal Report (the same type of suspect);

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

1. Selection of imprisonment with prison labor chosen;

1. As shown in the record of the reasoning for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the Defendant had been punished for the same crime even before the instant crime was committed. In particular, the instant crime was committed during the period of suspension of execution.

In light of this, the crime of this case is not good, and the risk of recidivism of the defendant is low.

It is difficult to see it.

Even when considering the favorable circumstances asserted by the defendant and defense counsel, the sentence of imprisonment to the defendant is inevitable.

In the above circumstances, the alcohol concentration, the circumstances leading up to the driving of alcohol, the distance and place where the driving of alcohol was conducted, and the defendant's person.