A defendant shall be punished by imprisonment for six months.

Punishment of the crime

【The Defendant was sentenced to a suspended sentence of six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of Road Traffic Act at the Seoul Western District Court on April 6, 2010. On November 30, 2012, the Defendant was notified of a summary order of a fine of five million won for a crime of violation of Road Traffic Act at the Seoul Northern District Court on November 30, 2012. On July 29, 2016, the Defendant was notified of a summary order of a fine of five million won for the same crime at the same court.

【Defendant Inasmuch as he was punished for a violation of the Road Traffic Act (driving) more than twice as above, Defendant 1 driven a f X-ray car without obtaining a driver’s license in approximately 500 m from the front parking lot of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu to the E-cafeteria at around 000 minutes while under the influence of alcohol content of around 07:10 on July 18, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A report on traffic accidents and a survey report on actual condition;

1. A response to a request for appraisal, or a report on the detection of the principal driver;

1. The driver's license ledger;

1. Each investigation report (report on the situation of the driver with the main driving and the application of the aforementioned d mark);

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment have the history of criminal punishment for driving three times or more or more in relation to drinking.

Although both a fine and a suspended sentence have been sentenced, it is necessary to punish the defendant, because he/she still repeats drinking and non-licenseed driving without improving character and behavior even though he/she has been sentenced to both punishment and suspended sentence.

At the time, the alcohol concentration of the defendant's blood exceeds the level of revocation of the driver's license.