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

Criminal facts

On August 1, 2012, the Defendant was sentenced to a summary order of KRW 7 million due to a crime of violating the Road Traffic Act in the Busan District Court on August 1, 2012, and on July 15, 2016, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating the Road Traffic Act.

On May 9, 2017, the Defendant driven a BM5 vehicle from around 70 meters to the road front of a public parking lot located in the same Dong with a 0.067% alcohol concentration in blood without obtaining a driver's license on May 9, 2017.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place, investigation report (report on the situation of the driver at the main place), report on the detection of the driver at the main place and notification of the completion of correction;

1. Registers of driver's licenses, chassiss, and details of revocation of driver's licenses;

1. A previous conviction: A copy of a reply to inquiry, such as criminal history, a copy of a summary order, a report on the result of confirmation of a previous conviction in the disposition, and the application of a copy of the judgment under the provisions of one statute;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (a favorable circumstances needed for the following reasons for sentencing) is that the Defendant was subject to three times from 2005 to 2016 for the crime of drinking, drinking, and non-licensed driving, and two times or more for the crime of drinking, and criminal punishment.

In the past, a fine of considerable amount shall be imposed three times from 3.5 million won to 7 million won, which is less than 3.5 million won.