A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 5, 2013, the Defendant, at the Seoul Southern District Court, issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and on February 18, 2014, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), respectively. On October 29, 2015, the Defendant violated the prohibition of drinking alcohol driving by being sentenced to a suspended sentence of two years for eight months or more.

On December 19, 2015, without a driver's license of a motor vehicle around 02:25, the Defendant driven a BMW motor vehicle at approximately 20 meters from the 7-lane to the 7-lane from the Han River of Yongsan-gu in Seoul, Yongsan-gu to the 7-lane, Yongsan-gu, Seoul, with a alcohol level of 0.062%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (verification of the date of confirmation of the judgment of the suspension of execution and attachment of the same military record), text of judgment, and application of summary order 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 light of the circumstances that the Defendant committed the instant crime of drinking again in the past, even though the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act on the reduction of weight was not only the history of having been punished several times due to drinking driving, but also the driver’s license was revoked due to drinking driving, etc., the Defendant needs to be strictly punished.

On the other hand, there is a reason to take into account the circumstances such as the fact that the defendant has no criminal record and is in profoundly against the defendant.

Such circumstances and reasons, the background of the instant crime, and the instant case.