A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant was sentenced to a summary order of KRW 3 million for a crime of violation of the Road Traffic Act on December 26, 2013, and a fine of KRW 2.5 million for the same crime on September 30, 2014, and was sentenced to a suspended sentence for six months for the same crime on December 23, 2015.

On August 10, 2016, at around 03:25, the Defendant driven a spke car under the influence of alcohol by 0.115% without a driver’s license from the front of the treatment apartment apartment, which is located in the Gu and Sinsidong, to the heart fluoring road in the Gu and Sinsi-si, the Defendant driven a spke car without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statements of a drinking driver and the results of crackdown on drinking driving;

1. Registers of driver's licenses and details of cancellation thereof;

1. Previous records: Criminal records and other inquiries, and the application of a copy of judgment or the statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation is the fourth drunk driving by punishing three years for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act.

In addition to being punished by a fine due to driving without a license for drinking alcohol, the driving without a license again is expected not to drive without a license, and the suspension of the execution of imprisonment was sentenced, but the driving without a license for drinking alcohol was also carried out for eight months or more.

The blood alcohol concentration at the time of the instant crime exceeds 0.1%.

Considering the above circumstances, it is necessary for the defendant to shoulder the awareness through severe punishment, considering that the defendant did not seriously reflect his or her mistake.

However, the fact that the taxi was on board immediately after the drinking place, the fact that there was no criminal record other than three previous offenses related to driving without a license, and that the family members and branch members of the defendant are leading the defendant.