A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 17, 2013, the Defendant received a summary order of KRW 5 million due to a violation of the Road Traffic Act (drinking) in the support of the Incheon District Court on July 17, 2013. On December 29, 2014, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act (dacting) in the support of the Incheon District Court.

On February 15, 2017, at around 03:50, the Defendant driven the Eone Star Cornex under the influence of alcohol content of about 0.084% while under the influence of alcohol without a motor vehicle driver’s license at a distance of about 5km from the front of the 22 side-ro, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon to the 1196 front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, reporting on the circumstances of the driving driver, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of previous convictions on drinking, summary order and attachment of judgment);

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 following facts are considered: (a) five times the period of punishment for driving under the influence of alcohol for reasons of sentencing under Articles 53 and 55(1)3 of the Criminal Act (including the period of punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Causing Traffic Accidents due to the driving of alcohol); (b) five times the period of punishment for driving without a license; and (c) even though there are many records of punishment for driving without a license, they committed the same kind of crime on October 20, 2014; (d) even though they committed the second class of crime on around October 20, 2014; (e) they were placed in the line of suspended sentence (two years of suspended sentence for August 6, 2015). Nevertheless, the instant crime was committed again at approximately 40 days after the period of suspended sentence expires, and (e) the instant crime was committed by drinking.