A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On March 8, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving) in the Chungcheong District Court’s support on March 8, 2010. On December 27, 2013, the Defendant was sentenced to a suspended sentence of two years for the same crime in the same court.

[2] On April 1, 2016, around 200:22, the Defendant driven a CTR car under the influence of alcohol content of 0.105% while under the influence of alcohol without obtaining a driver’s license from the 4km section of approximately 4km from the roads adjacent to the Gyeonggi-gun Auda, Chungcheongnam-gun, the same military force, to the Hyundai Martle, the same military force of which is located.

As a result, the defendant was punished as a crime of violating the Road Traffic Act more than twice, and driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is in charge of driving and notification of the results of regulating drinking;

1. The driver's license ledger;

1. Previous convictions in a judgment: The application of Acts and subordinate statutes to inquire into data about criminal investigation experience and report on investigation (Attachment to the same type of judgment, etc.);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with 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 mitigation of volume: The Defendant committed the instant crime at multiple times despite having been sentenced three times to a fine for driving alcohol, and even though having been sentenced one time to a suspended sentence of imprisonment, despite the fact that the Defendant had been sentenced one time to a suspended sentence of imprisonment, and the Defendant’s blood alcohol concentration is relatively favorable at the time of the instant crime: The Defendant recognized and reflected the instant crime; the above circumstances and the Defendant’s age, sex behavior, environment, circumstances, means and consequence of the instant crime;