A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On March 26, 2014, the Defendant was sentenced to a suspended sentence of three years on August, 2014 for a crime of violating road traffic law in the Gwangju District Court's net support on March 26, 2014, and the sentence was finalized on April 3, 2014, and has a total of four times of drinking, including a suspended sentence.

On November 29, 2015, the Defendant driven CM5 car under the influence of alcohol content of 0.120% in alcohol without obtaining a driver’s license from around 3km section from the road in front of the North East East-dong, Seocheon-si, Seoul, to the road in front of the Seo-gu, Seoul. In the same manner, the Defendant driven CM5 car under the influence of alcohol content of about 0.120% in blood.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of any violation of traffic laws (free licenses or drinking driving), notification on the results of regulating the driving of drinking, a statement in the circumstances of a driver driving a drinking, and a report on the driving of a driving a drinking;

1. The driver's license ledger;

1. Previous conviction: Application of 5 copies of a written inquiry about the results of crackdown on driving alcohol, inquiry of inquiry, such as criminal history, investigation report (report on the records of the same type of crime), text of judgment, and summary order under the Acts and subordinate statutes of 3 copies;

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 following facts are 4 criminal records of the crime of traffic law (driving) in the light of the fact that the crime of this case is committed under the favorable conditions for sentencing under Article 53 and Article 55(1)3 of the Criminal Act, which reflects the reason for sentencing, and disposes of a motor vehicle operated to avoid driving under the influence of alcohol, and there is a high alcohol concentration of the same crime of traffic law (driving under the influence of alcohol), among which there are two criminal records of the suspension of the execution of imprisonment, 4 criminal records of the same crime of traffic law (non-licenseless driving).