A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On January 28, 2013, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act in the Seoul Western District Court on January 28, 2013; on November 8, 2013, the Seoul Southern District Court sentenced to a suspended sentence of KRW 2 years for ten months; on September 24, 2015, the Defendant was sentenced to a fine of KRW 8 million for a crime of violating the Road Traffic Act in the Seoul Southern District Court on September 24, 2015.

On February 19, 2016, the Defendant, without a driver’s license of a vehicle around 07:10, driven a DNA rocketing car from around 500 meters to the front road of the 322th National Treasury in Eunpyeong-gu, Seoul, under the influence of alcohol content of 0.134% during blood.

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 in judgment: A reply to inquiry, summary order, and application of each statute of the judgment, such as criminal history;

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 reason for sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Small Amount of Punishment is that the Defendant had been punished several times, including the record of punishment for the suspension of execution due to drinking, driving without a license, etc. Furthermore, the Defendant committed the instant crime since it was sentenced to a fine of eight million won due to drinking, driving without a license, etc. during the suspension of execution, even though he was sentenced to a fine during the suspension of execution, and the period of the suspension of execution has not elapsed, it is inevitable to punish the Defendant significantly.

Therefore, even if the circumstances favorable to the defendant are considered, such as the fact that the defendant recognized the mistake, the fact that the vehicle in this case is sold, and the fact that the defendant is faced with the situation that the defendant should support the mother.