A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On December 13, 2006, the Defendant was sentenced to a summary order of KRW 4 million due to a violation of road traffic law (driving), etc. at the Jung-gu District Court on July 30, 2015, the Defendant was sentenced to a summary order of KRW 5 million due to a violation of road traffic law (driving), and on April 20, 2018, the Defendant was sentenced to a summary order of KRW 5 million due to a violation of road traffic law (driving without a license) at the same court on April 20, 2018, and the judgment became final and conclusive on April 28, 2018.

[2] On January 30, 2018, the Defendant violated the provision prohibiting driving of a motor vehicle twice or more, and operated a motor vehicle under the influence of alcohol level of 0.136% at around 00:50 on January 30, 2018, without obtaining a driver’s license, from a restaurant located in the Gangnam-gu Seoul Metropolitan Government 40-ro 23-50, to a 40-lane 40-ro jun-ro jun-ro 24, the Defendant driven a motor vehicle with C in the section of the vehicle under the influence of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. The survey report (1) (2), the circumstantial statement report of the driver with the driver with the driver with the driver’s license and the driver’s license register;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes on investigation reports (attached reporting, such as a copy of the 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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 53 and 55(1)3 of the Criminal Act [the equity in the case where a person has been punished with a crime of violating traffic laws (unlicensed driving) for which a judgment has become final and conclusive, shall be taken into account] of the grounds for sentencing are three times before driving of alcohol, three times before driving without a license, five times before driving without a license, and the defendant repeated driving of the instant drinking and non-licensed driving without a license while being tried as a victim.

In addition, in the case of this case, it is not limited to simple drinking and non-licensed driving.