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

Punishment of the crime

On December 8, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (drinking driving), a fine of KRW 4 million for a violation of the Road Traffic Act (dacting driving) at the Seoul Central District Court on July 17, 2013, and a fine of KRW 7 million for a violation of the Road Traffic Act (dacting driving) at the Seoul Central District Court on March 21, 2014, and for a violation of the Road Traffic Act (dacting driving) at the Seoul Central District Court on March 21, 2014, respectively. On August 5, 2016, the Defendant was sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act (dacting driving), a violation of the Road Traffic Act (dacting driving without a license), a violation of the Road Traffic Act (dacting driving without a license) at the Sungnam Branch Support of the Suwon District Court on August 5, 2016.

Even if the Defendant was punished twice or more due to drinking driving, on April 28, 2017, around 07:18, the Defendant driven a Down car with a alcohol level of 0.131% under the influence of alcohol without obtaining a driver’s license from the 10km-ro, Jung-gu, Seoul, Jung-gu, Seoul to the front road.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and 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 reasons for sentencing under Articles 53 and 55(1)3 of the Act on Reduction of Small Quantity are as follows: (a) the Defendant had been punished twice due to drinking driving in the past; (b) the Defendant was punished once due to driving without a license for drinking alcohol; and (c) the Defendant was sentenced to a suspended sentence of imprisonment due to an indecent act committed by a non-license for drinking alcohol or a non-license for compulsory driving; and (d) the Defendant again committed the instant crime.