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

Punishment of the crime

[2] On July 22, 2010, the Defendant received a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving), and on February 3, 2012, the Defendant received a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving), and on June 1, 2017, the Defendant was sentenced to a suspended sentence of KRW 6 months for a crime of violating the Road Traffic Act (drinking driving) at the same court on June 9, 2017, and was sentenced to a suspended sentence of 2 or more times during the period of probation, which became final and conclusive on June 9, 2017.

[2] On July 20, 2018, the Defendant driven a vehicle with a alcohol content of about 3.5 km from the road near 01:50 on July 20, 2018 to the front parking lot of 02:00 on the same day without obtaining a driver’s license for the vehicle under the influence of alcohol content of about 0.161%.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. Criminal records: References to inquiries, such as criminal history, investigation reports (Attachment to the judgment, etc. on the same kind of drinking alcohol), text of the judgment, and application of the summary order 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. 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 sentencing conditions stated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under Articles 53 and 55 (1) 3 of the Criminal Act that reduce the amount of punishment, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: The history of fines for a violation of the Road Traffic Act is twice, and the suspension of the execution of imprisonment is suspended due to the same crime.