A defendant shall be punished by imprisonment for six months.

On September 2, 2015, the Defendant was sentenced to a summary order of a fine of KRW 4 million for a crime of violating road traffic law at the Seoul Northern District Court on September 2, 2015, and on July 20, 2017, the Defendant was sentenced to a suspended sentence of two years for a crime of violating road traffic law at the Seoul Western District Court.

Criminal facts

On April 10, 2018, the Defendant was under the influence of alcohol of 0.103% in blood without obtaining a driver’s license for a motor vehicle on April 10, 2018, and was driving a vehicle from approximately 1km to about 136 meters in the 1km section from the Do in Songpa-gu Seoul, Songpa-gu to the 136 Madle-ro road.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Previous convictions in judgment: Inquiry about criminal history, reporting of investigation (verification of criminal history of the same kind), and application of Acts and subordinate statutes of Part III 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. 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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) include three times the Defendant, who was subject to criminal punishment due to drinking alcohol driving. Moreover, on July 20, 2017, the Seoul Western District Court sentenced the Defendant to imprisonment for a violation of the Road Traffic Act (drinking driving) at the Seoul Western District Court for two years in the suspension of execution on July 20, 2017, but sentenced the Defendant to imprisonment for a violation of the Road Traffic Act (drinking driving), but during the suspension of execution, the Defendant was subject to the instant suspension of execution and the Defendant’s non-driving

However, the defendant recognized the crime of this case and did not drive drinking, and the driving of this case did not cause actual damage due to the occurrence of traffic accident.