A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal history] On December 9, 2010, the Defendant was sentenced to six months of imprisonment with labor for a violation of road traffic law in Seosan Branch of the Daejeon District Court for a crime of violation of road traffic law, and on December 4, 2015, the same court issued a summary order of KRW 7 million for the same crime.

[2] On April 15, 2016, the Defendant driven B-low-income vehicle while under the influence of alcohol leveling 0.164% without obtaining a driver’s license in the seven-meter section of the road front of Samsung Digital Fran-ro, Samsung Digital Fran, which is located in 17, Chopo-ro, Jin-si, Kimpo-si, Kimpo-si on April 15, 2016.

Summary of Evidence

1. A report on investigation (for a victim's telephone investigation), a report on investigation (for a victim's statement), and a report on investigation (for a physical damage),

1. A survey report on actual conditions, a traffic accident occurrence report, a report on the results of crackdown on drinking driving, and a report on the circumstances of drinking drivers;

1. An explanatory note on the control of an unlicensed driver;

1. The ledger using the measuring instruments for drinking;

1. License register and next inquiry;

1. Written estimate;

1. On-site map and on-site photograph;

1. Previous convictions: Inquiry into criminal history, investigation report (Attachment to the same case’s judgment), judgment text, application of summary order-related 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. In full view of various sentencing conditions, including the following: (a) the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act requires a strict punishment for driving of alcohol for reasons of sentencing; (b) the Defendant caused a traffic accident while driving alcohol; (c) the blood alcohol concentration is considerably high by 0.164%; (d) the history of punishment for the same kind of crime is several times; and (e) the court’s summons is not complied with; and (e) the escape is not a flight.