A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] The Defendant’s summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Cheongju District Court’s Chungcheong Branch on October 15, 2012, and the indictment is written as “2016” in the indictment. However, it is obvious that the Defendant is a clerical error according to a reply to inquiry, such as criminal records, etc., and according to a written judgment.

1. The order of a fine of KRW 4 million was issued in Suwon District Court's Sung-nam Branch for the same crime, respectively.

【Criminal Facts】

On October 9, 2016, at around 20:48, the Defendant driven a DNA cargo vehicle while under the influence of alcohol of 0.178% in blood alcohol concentration, without a valid driver’s license, from around 407-1 to around 300 meters in the vicinity of the same meltic Industry Development.

As a result, the defendant was punished not less than twice for the violation of the Road Traffic Act (driving) and was driving a motor vehicle while drunk without a valid driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of a drinking driver and notification of the results of crackdown on drinking;

1. Inquiries into the driver's license ledger;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as a reply to inquiries, such as criminal records, investigation reports (report on confirmation of the same criminal records as a suspect), summary order, and copy

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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 discretionary mitigation: The defendant has a record of having been punished several times with respect to drinking and non-license, and in particular, on August 12, 2016, in the indictment for a violation of the Road Traffic Act (unlicensed Driving) at the Sungwon District Court's Sungnam Branch branch, the indictment is "the same crime."