A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On January 4, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Incheon District Court, and on July 9, 2014, the Defendant was sentenced to a suspended sentence of two years on July 17, 2014 and was sentenced to a suspended sentence of two years on July 17, 2014, and is currently in the grace period. A person who violated Article 44(1) of the Road Traffic Act at least twice.

[2] As indicated in the record of the above crime, Defendant 1 driven a Cpoter vehicle under the influence of alcohol leveling 0.122% from a section of about 10km to an international white apartment located in Busan Jin-gu, Busan, without obtaining a driver’s license on December 12, 2015, even though it had been in violation of Article 44(1) of the Road Traffic Act more than twice. However, Defendant 1 driven a Cpoter vehicle under the influence of alcohol leveling 0.12% from a section of about 10km to the front road of the international white apartment located in Busan Jin-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report of the situation of the driver at home;

1. Each investigation report (record 34, 51 pages);

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. There is a history of punishment several times due to the same kind of crime for sentencing for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act. However, even during the suspended execution period, the same crime is repeated, and the criminal liability of the defendant is extremely heavy, such as repeating the same kind of crime because it has not been much long after the crackdown on driving without a license.

However, the sentencing conditions, such as the fact that the defendant is seriously against the defendant, the age, sex, environment, etc. of the defendant, shall be determined in the same manner as the order.