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

Punishment of the crime

[criminal history] On February 19, 2014, the Defendant was sentenced to a suspended sentence of two years for a year, and seven million won for the same crime in the same court on February 19, 2016.

[2] On May 27, 2016, the Defendant 1. 2016, 2197, the Defendant driven the E-wing 3 truck under the influence of alcohol concentration of about 0.071% in the 5km section of the blood, from the front day of the Dopdong-dong Dopdong-dong, Chungcheongnam-gu, Chungcheongnam-gu to the front day of the Songcheon-gu, Chungcheongnam-gu, Cheongcheon-gu, Seoul, without obtaining a driver’s license for a motor vehicle on May 27, 2016.

2. On October 17, 2016, the Defendant driven a G Car with no alcohol level of 0.145% in blood while under the influence of alcohol level of 0.145% on the roads near the Cheongju-si Office, Cheongju-si without obtaining a driver’s license around 23:40 on October 17, 2016.

Summary of Evidence

[2016 Highest 2197]

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Registers of driver's licenses (2016 Height 2801);

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger (before judgment);

1. Inquiry into criminal history, report on investigation (suspect's criminal records), and application of each of the statutes governing the judgment;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume is that the defendant has a family member to support the defendant, even though he/she has been punished several times due to drinking driving.