A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On July 30, 2015, the Defendant was sentenced to a fine of four million won for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court on July 30, 2015, and a fine of four million won for a crime of violating the Road Traffic Act (drinking driving) at the same court on April 20, 2016, respectively.

[Criminal facts] The Defendant is a person who drives Bone Starsch Rexroth car.

On July 26, 2016, the Defendant driven the said Lone Star car with approximately 0.096% alcohol concentration in blood, without obtaining a driver’s license, from the “site construction mid-term period” located in the Cheongpung-gun of Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-si, to the road front of the open oil station, from the “site construction period,” located in the Cheongp-gu, Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-gu, Young-gu, Gyeonggi-gu, Gyeonggi-si.

Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving under the influence of alcohol again while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. A driver's license inquiry;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports (the automatic previous convictions and confirmations);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and the order to attend a lecture, is a convenient means of transport. However, since the dangerous article that can be inferred by a deadly weapon, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in normal circumstances.

In particular, drinking driving can lead to large-scale accidents by driving in a state where the ability of care and physical exercise has been significantly deteriorated.