A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 29, 2007, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (drinking driving) at the District Court of the Jung-gu District on November 29, 2007. On June 14, 2016, the Defendant was sentenced to a suspended sentence of one year on June 22, 2016 and was sentenced to a suspended sentence of one year on June 22, 201.

On October 5, 2016, the Defendant driven C MW110W Hababa while under the influence of alcohol of about 0.163% of alcohol concentration in the blood without a vehicle driver's license at a section of about 3km from the Dong-dong, Dong-dong, Dong-dong to Goyang-dong, Seoyang-si, Busan Metropolitan City to the 3km-dong, Jungsan-dong.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act on the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without obtaining a driver’s license under the influence of alcohol in violation of this Act.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on the actual condition of a traffic accident, a traffic accident occurrence report, on-site photographs, a report on the detection of the driver at home, and a circumstantial report on the driver at home;

1. A statement on the result of blood collection;

1. The driver's license ledger;

1. The application of inquiry letter, such as criminal history, and written statements of inquiry (A), and Acts and subordinate statutes of the investigation status (verification during the suspended period);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Consideration of the defendant's criminal records, blood alcohol concentration, driving circumstances, etc., including the fact that the defendant again committed the instant crime during the suspended execution period for the same kind of crime for the reason of sentencing under Articles 53 and 55 (1) 3 of the Criminal Act;