A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On November 1, 2013, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act (drinking driving) at the Gwangju District Court. On March 26, 2009, the Defendant was sentenced to two years of suspended sentence for six months due to the same crime in the Southern Branch of the Gwangju District Court. On April 17, 2008, the Defendant was sentenced to a fine of two million won for the same crime in the same court.

[2] Although Defendant 1 had been punished twice or more as a crime of violating the Road Traffic Act (driving of Drinking), Defendant 2 was under the influence of alcohol leveling 0.153% of the blood alcohol level around September 10, 2017, Defendant 2 driven a 4-wheeled cargo vehicle B at approximately 500 meters away from the 18th road in front of the west-gu, Chungcheongnam-gu, Seoul Metropolitan Government without a driver’s license until around the 18th road in front of the west-gu, Chungcheongnam-gu, Seoul Metropolitan City without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of control, report on the results of crackdown on drinking driving, report on the circumstances of the driver who takes driving, and the register of driver's licenses;

1. Investigation report (with respect to the situation report of the driver in charge and the hours during which the driver has completed driving); and

1. Previous convictions in the judgment: (A) a reply to inquiry, such as criminal history, a criminal investigation report (in the relevant case list and the same kind of judgment, attachment of personal confinement status), a list of related cases, one of the same judgments, one of the same kind of rulings, and one of the personal confinement status; and

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 Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small quantities are as follows: (a) although the Defendant had been punished six times due to drinking, and seven times due to driving without a license, the Defendant repeated the driving of drinking and non-licenseing without any particular awareness even though he/she had been punished seven times due to drinking.

Therefore, considering the fact that the amount of alcohol concentration in blood at the time of drinking driving is not low, the sentence of sentence is inevitable.

In determining a specific sentence, the defendant is against the defendant.