A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal history] On March 28, 2016, the Defendant was issued a summary order of KRW 6 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court’s branch on March 28, 2016, and on July 18, 2017, the Defendant was sentenced to a suspended sentence of two years for imprisonment for a violation of the Road Traffic Act (drinking driving) and is currently under the suspended sentence.

[2] On July 17, 2018, the Defendant driven an Epoter-II truck with alcohol content of 0.103% while under the influence of alcohol without obtaining a driver’s license from the Mat Parking Lot located in the Mat-si (Seoul) to the front road of D apartment from around 150 meters to around D apartment.

Accordingly, the defendant, who was punished more than twice by driving a motor vehicle under the influence of alcohol, once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the circumstances of the driver of drinking alcohol) and report on the driving of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to drinking driving force);

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the fact that the defendant's family and branch members want to support the defendant's pregnant woman and his/her wife, regardless of whether the defendant is sick, etc., but the defendant has been punished five times for the same crime. In particular, the defendant committed each of the crimes of this case even though he/she was sentenced to a suspended sentence of imprisonment and a fine on five occasions for the same crime, and in particular, even though he/she was sentenced to a suspended sentence of imprisonment (160 hours for community service, 40 hours for the lecture to comply with the law), he/she committed each of the crimes of this case. The defendant's drinking driving is the same.