A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On November 27, 2014, the Defendant received a summary order of KRW 2.5 million from the Incheon District Court to a fine of KRW 2.5 million due to a violation of the Road Traffic Act (drinking driving), and on January 6, 2014, the Defendant was notified of a summary order of KRW 2 million for the same crime, etc.

On May 27, 2016, the Defendant driven a motor vehicle with B low alcohol content of at least 0.175% while under the influence of alcohol from around 760-6 to around 796-4 of the same 500 meters away from the 500-meter road in Ansan-si, Yandong-si, Ansan-si, the Defendant driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, and a certificate of appraisal of alcohol during blood transfusion;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 reason for sentencing under Article 53 and Article 55 (1) 3 of the Criminal Act for mitigation of quantity is that the defendant led to the crime of this case, and that the defendant will not repeat the same kind of crime in the future by selling the above vehicle recently;

Although it is recognized that the level of drinking of this case is considerably high, the defendant is punished three times for the same crime after around 2014, and the risk of recidivism is very high.

The punishment as ordered shall be determined by comprehensively taking into account all the circumstances, such as the defendant's age, occupation and health status, etc.