A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[criminal power] On October 2, 2008, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on November 16, 2009, a fine of 3 million won for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on November 16, 2009, and the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on October 29, 2010. On March 27, 2015, the Defendant was sentenced to a summary order of 7 million won for a fine for a violation of the Road Traffic Act (Refusal of measurement) at the Seoul Western District Court on March 27, 2015.

【Criminal Facts】

Although the Defendant had been punished twice or more for the crime of violating the Road Traffic Act as above, on March 19, 2015, at around 22:40, the Defendant driven CM5 car under the influence of alcohol without obtaining a driver license from the section of approximately 500 meters of alcohol level from the subway No. 8 subway No. 8, which is in the vicinity of the subway No. 8, Songpa-gu, Seoul, to the road near the subway No. 8, which is in the same nature as Seoul Songpa-gu, and without obtaining a driver license, while under the influence of alcohol level of 0.117%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc. inquiry inquiry reports, summary orders, and application of statutes of judgment;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting a crime;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is against the defendant, and the sale of the vehicle is favorable.

However, the Defendant has been punished three times (two times of fine and one time of suspended execution) due to drinking driving, and on February 27, 2015, a fine of seven million won was imposed due to a violation of the Road Traffic Act (the crime of violating the Road Traffic Act (the crime of December 20, 2014) (the crime of refusing to measure drinking), but only one month (three months from the date of the crime of refusing to measure drinking) has not passed.