A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal record] On May 30, 2007, the Defendant was sentenced to a suspended sentence of six months for a crime of violating road traffic law (drinking) at the port branch of the Daegu District Court. On April 2, 2008, the Defendant was sentenced to a fine of five million won for the same crime in the same court. On December 1, 2009, the Defendant was issued a summary order of five million won for the same crime. On April 15, 2013, the Defendant was issued a summary order of seven million won for the same crime by the same court.

[2] Although Defendant 1 had been punished twice or more due to drinking, Defendant 2 operated a motor bicycle at the speed of approximately 500 meters in the front of the Dog-ri-gu, Dog-gu, Dog-dong-gu, Dogdong-gu, Dog-ri, where he was under the influence of alcohol at the speed of 0.210% from Sep. 26, 2015 without obtaining a motor device bicycle license and at the speed of about 17:53 on September 26, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (report attached to a summary order of the same kind to the suspect);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment imposed on a person who violates the Road Traffic Act due to a heavy drinking driving, shall be punished, but the punishment shall be chosen by imprisonment);

1. There are extenuating circumstances, such as a simple drinking of the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2007Da1548, Apr. 1, 2007) and a simple driving without a license, the occurrence of a traffic accident due to a non-licenseing driving, the treatment of which is being treated with a symptoms of alcohol dependence, and the reflection of wrong.

However, the defendant drinking, .