Text
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
【Criminal Records of Crimes】 On February 12, 2013, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of road traffic laws at the Seoul Southern District Court on February 12, 2013; on May 31, 2016, the Seoul Southern District Court issued a summary order of KRW 4 million for a violation of road traffic laws (driving) at the Seoul Southern District Court; on March 14, 2017, the Defendant was sentenced to a suspended sentence of two years for imprisonment for a violation of road traffic laws (driving) and for a violation of road traffic laws (licensed driving) at the Seoul Southern District Court on March 22, 2017, and is still under the grace period.
【Criminal facts” around 01:17 May 30, 2017, the Defendant driven a DNA rocketing car with alcohol content of 0.175% while under the influence of alcohol without obtaining a driver’s license from the parking lot for the funeral hall of Boraa Hospital located in the Dongjak-gu Seoul Metropolitan Government from around 3km to the 207 Southwest-gu, Yangcheon-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the situation of a driver who is to take driving, report the results of regulating the driver who is to take driving, report the situation of driving without a driver's license;
1. Previous convictions in judgment: As a result of inquiry, each summary order and case summary information, the text of judgment and the application of Acts and subordinate statutes to inquire and report on summary information;
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 reason for sentencing of punishment under Articles 53 and 55(1)3 of the Criminal Act or the fact that there was a history of punishment four times due to driving without a license under Article 55(1)3 of the Act on the Mitigation of Small Quantity, the current violation of traffic laws on roads, etc., the Defendant’s past history of drinking is relatively recent, the Defendant’s concentration of alcohol during blood is high, and other circumstances, such as the Defendant’s age, sex behavior, environment, driving background, driving distance, and circumstances after the crime.