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

Punishment of the crime

[criminal history] On November 26, 2010, the Defendant received a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act (drinking driving), and on June 17, 2016, the same court received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), and on January 12, 2017, the same court was sentenced to a suspended sentence of imprisonment of KRW 8 months for a crime of violating the Road Traffic Act (drinking driving) and became final and conclusive on January 20, 2017.

[2] On March 6, 2018, around 18:05, the Defendant driven a Fpote car under the influence of alcohol content of 0.168% while under the influence of alcohol without obtaining a driver’s license from around 0.7km to the front of the “C” convenience store in Dacheon-si, Dacheon-si, and D’s “E cafeteria” road.

As a result, the Defendant violated the provision prohibiting driving of a motor vehicle at least twice, and drives a motor vehicle under the influence of alcohol without obtaining a driver's license in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. A traffic accident report, on-site inspection report, and on-site photographs of a traffic accident;

1. The driver's license ledger;

1. Consent letter of blood collection and response to a request for appraisal;

1. Investigation report ( CCTV images at E-cafeterias), and CCTV images at E-cafeterias (video images);

1. Investigation report (A final drinking time), and report on detection of a driver who takes the main driving;

1. CCTV CDs;

1. Estimated production of alcohol concentration in the blood transfusion A of the person under consideration;

1. Criminal records: References to inquiries, such as criminal history, investigation reports (Attachment to a copy of criminal records of the same kind of crime as the suspect), each summary order, and the application of statutes of the judgment;

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 following circumstances are the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount.