A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant, at the Seoul Western District Court on August 16, 2010, was sentenced to a fine of two million won for a crime of violating road traffic laws (drinking driving), and on January 25, 2013, the same court was sentenced to a fine of two million won for the same crime. On August 28, 2014, the Defendant was sentenced to a suspended sentence of six months for imprisonment with labor for the same crime in the same court on August 28, 2014 and was sentenced to a suspended sentence of six months on September 5, 2014, and is currently under the grace period.

On February 9, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle on February 22:43, 2016, driven a B-do motor vehicle owned by the Defendant at approximately 2km in front of the 223-day road located in the same Gu, in front of the modern Ombadong located in Mapo-gu Seoul Metropolitan Government, under the influence of alcohol content of 0.06%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. The driver's license ledger;

1. Previous convictions: In inquiry about criminal history, investigation reports (with regard to the revocation of a driver's license and three times of drinking driving), inquiry into the results of regulating driving of drinking alcohol, investigation reports (the confirmation of a person before suspension of execution and attachment of three copies of a judgment of drinking driving), text of judgment, and application of summary orders under each statute;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of a small amount of alcohol has the history of being punished three times due to drinking driving, and even though the defendant was under suspension of the execution due to drinking driving, he/she again driven under the condition that his/her license was revoked during the suspension period.

However, it shows an attitude against each other, such as the disposal of vehicles.

Such circumstances or reasons, the background of the instant crime, driving distance, drinking volume, and other various sentencing conditions shown in the records and arguments of the instant case.