A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

On August 18, 2015, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 4 million for the same crime at the same court on September 19, 2016. On September 2, 2016, the Defendant was sentenced to a suspended sentence of 8 months for the same crime in the Gwangju District Court's Mancheon Branch.

On August 5, 2017, the Defendant, without obtaining a driver's license of a motor vehicle, driven the Eone Star Cargo at approximately 300 meters section from the lender, who is on the right side of the commercial unclaimed restaurant in the Ordinance of 10.176% of alcohol in the blood while under the influence of 0.176% in the blood, to the third apartment.

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation report (related to whether or not a suspect's measurement has been conducted before measuring, or her brinse);

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, text of judgment, and summary order, such as criminal history;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The circumstances following the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and other circumstances under the reason for sentencing, the Defendant’s age, the Defendant’s blood alcohol concentration in the Defendant’s blood at the time of the instant crime, the interval between the previous conviction in the judgment and the instant crime, and the circumstances after the instant crime, etc., shall be determined as indicated in the disposition, taking into account the following circumstances.

The favorable circumstances: The driving distance of drinking and non-licenseless driving is relatively short, and the defendant reflects his mistake, etc., and there are three previous convictions due to drinking.