A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On December 2, 2011, the Defendant was sentenced to a summary order of a fine of KRW 7 million due to a violation of road traffic law (drinking driving) in the support for the development of a water source method, and on November 23, 2017, the Defendant was sentenced to six months of imprisonment and two years of suspended execution at the Seoul Northern District Court.

On August 11, 2018, the Defendant, who violated two or more prohibitions on driving under the influence of alcohol, driven D QM5 automobiles from the section of about 500 meters from the section of 0.197 meters from the north-si, Nowon-gu to the front road of the same Gu, in a state of under the influence of alcohol by 0.197% during blood without obtaining a driver's license on August 11, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Investigation report (report on the situation of the driver in charge); and

1. The driver's license ledger;

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

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 (Punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving), and punishment as a violation of the Road Traffic Act with heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. The circumstances favorable to the defendant for the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the recognition of each of the crimes in this case) of the Act on the Mitigation of Small Quantity, and the unfavorable circumstances [the defendant has a high alcohol level during blood at the time of the crime in this case, two times as a crime of violating the Road Traffic Act (driving) and two times as a crime of violating the Road Traffic Act (driving without a license). The defendant was under suspension of the execution of imprisonment with prison labor due to driving under the influence of alcohol one year prior to the date of the crime in this case.