A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On September 1, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the port support of the Daegu District Court on September 1, 2010, and on November 11, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for the same crime and two years of suspended execution, and the above judgment became final and conclusive on the 19th of the same month.

[2] On May 2, 2017, the Defendant driven a sports vehicle at the section of about 30 km from the front of the Cheongjin-gun, Incheon Spo-gun in the state of alcohol content 0.115% under the influence of alcohol during blood transfusion on May 2, 2017 without a driver’s license, to the road front of the Sindong-gu, Chungcheongnam-si, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (report accompanied by outputs of the text of the judgment and the date of confirmation);

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 an alternative imprisonment with prison labor (the defendant is sentenced to imprisonment with prison labor, which has already been sentenced twice due to drinking driving, and re-driving without obtaining a license during the period of suspension of the execution of the sentence, and the degree of driving the drinking is high up to the level of revocation of the license);

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate amount of punishment (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 201);