A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On April 30, 2015, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-cheon, and on May 21, 2015, the Defendant was issued a summary order of KRW 5 million for the same crime in the same court.

[2] Although Defendant 1 had been able to commit a crime of violating the Road Traffic Act (drinking) on at least two occasions, Defendant 2 driven B, while under the influence of alcohol with approximately 700 meters alcohol concentration at approximately 0.123% without obtaining a driver’s license in the section of approximately 700 meters from the road near the gale-distance in the Dobong-si, Seoul Special Metropolitan City to the front road of the Gumi-si in the same Dong, on December 23, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force, etc.);

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 Defendant, on the grounds of sentencing Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following sentencing grounds), re-driving the instant drinking, even though he/she was found to have been aware of by drinking alcohol and the driver’s license was revoked.

The defendant has already been subject to criminal punishment four times for the same crime.

However, the defendant reflects on the crime of this case.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.