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

Punishment of the crime

[criminal history] On January 5, 2009, the Defendant received a summary order of KRW 2 million from a fine of KRW 2 million due to a violation of the Road Traffic Act (drinking) at the Incheon District Court, and a fine of KRW 2 million due to a violation of the Road Traffic Act (drinking) at the Jung-gu District Court on August 10, 2009.

In addition, on May 25, 2012, the Defendant was sentenced to a suspended sentence of two years in imprisonment with prison labor for a year for a violation of road traffic law (refluence of drinking), and two years in imprisonment with prison labor for a violation of road traffic law (unlicensed driving) at the Incheon District Court on June 19, 2014.

On the other hand, on February 5, 2016, the Defendant was sentenced to a suspended sentence of one year for six months by imprisonment for a violation of road traffic laws at the District Court on February 5, 2016, and the said judgment becomes final and conclusive on the 13th of the same month, and is currently in the grace period

[2] On May 7, 2016, the Defendant driven a car with Cme while under the influence of alcohol of about 0.136% in alcohol without a vehicle driver’s license, from a section of about 1km from the road in front of 355-1 in Yangju-si, Jeonju-si to the road in front of the same west-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement;

1. A traffic accident report (1) (1) (1)

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (Attachment of criminal records of the same kind as the suspect), and application of the text 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount: there are many kinds of records of punishment due to drinking driving, etc., and even if they are under suspension of execution for the same crime, they are again under suspension of execution.