A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal history] On May 11, 201, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of road traffic laws at the Seoul Western District Court on May 11, 201; on September 28, 2012, a summary order of KRW 3 million for a crime of violation of road traffic laws (drinking) at the Jung-gu District Court on the high school support of the Jung-gu District Court on September 28, 201; and on May 16, 2013, the Defendant violated Article 44(1) of the Road Traffic Act on at least two occasions after having been sentenced to one year of imprisonment and two years of suspended execution.

[2] On April 2, 2016, around 01:30, the Defendant driven a Belgium car while under the influence of alcohol concentration of about 0.102% in blood without a driver’s license from the 10-meter section to the front road of the WT CAFE located in the 1458-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong 1458.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of the driver at the main place, report on the circumstances of the driver at the main place, and the register of driver's licenses;

1. Previous convictions in judgment: A reply to inquiry about criminal history, a report on investigation (the confirmation of such previous history), summary order, and application of the text 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. The reason for sentencing Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) of the Act on the Mitigation of Small Quantity was that the Defendant driven a five-time drinking, and the blood alcohol concentration is not lowered.

Despite the fact that the defendant had been sentenced to a suspended sentence of imprisonment for the same crime, he/she again committed the crime of this case. It is inevitable to punish the defendant.

However, the order is issued in consideration of the fact that the defendant is against the defendant, the motive and background of the crime, and all of the sentencing conditions identified in the records and trial process of this case, such as family relations.