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

Punishment of the crime

On August 26, 2009, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court on August 26, 2009, and was punished two times or more for a crime of violating the Road Traffic Act (drinking driving) by a fine of five million won on April 19, 2016.

Criminal facts

On February 5, 2016, the Defendant driving a motor vehicle from the parking lot located in the front of the D pharmacy in Macheon-si C around 17:00 to the road without obtaining a driver’s license for the motor vehicle from the parking lot located in the front of the D pharmacy in Macheon-si, 2016, while under the influence of alcohol content 0.134%, while under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident occurrence report;

1. Statement of the circumstances of driving at home;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history, report on investigation (verification during the same type of force and the continuous trial, and confirmation of the progress of a trial on driving separate drinking);

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 small quantities are convenient means of transport. However, since the dangerous articles that can be inferred with lethal weapons are dangerous articles, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in a normal state.

In particular, drinking driving may lead to a large accident, and in light of the risk, there is a great need for strict punishment.

On October 10, 2014, the Defendant was sentenced to a suspended sentence of two years in August, 2015 on the grounds that he/she violated the Protection of Military Bases and Installations Act in order to support the High Court of the District Court. The said judgment was finalized on April 10, 2015.

The defendant, who was driving on July 7, 2015 under the above suspended period, once again driving of this case after he was under the influence of alcohol.