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

Punishment of the crime

[criminal history] On April 9, 201, the Defendant issued a summary order of KRW 2,50,000 as a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court on April 9, 201, and a summary order of KRW 6,00,000 as a fine for the same crime in the Western Branch Branch of the Daegu District Court on June 24, 2015.

[2] The Defendant: (a) was a person who violated Article 44(1) of the Road Traffic Act not less than twice; (b) was driving a C rocketing vehicle under the influence of alcohol leveling 0.095%, without obtaining a driver’s license, on the 10km section of approximately 10km in front of the two roads located in the Dong-ri-ri, Seogu, Daegu-gu, Daegu-gu, Seoul-gu, from February 1, 2016 to the two roads located in the same Sigsan-dong.

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 in judgment: References to inquiries, such as criminal history, and application of investigation reporting statutes;

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 reason for sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Small Amount of Punishment is that the defendant was punished by a fine (7 times) due to drinking or unlicensed driving, or by a suspended sentence of imprisonment (2 times) despite the fact that he/she had been punished by a suspended sentence of imprisonment, it is inevitable to strictly punish him/her in the event that he/she is driving under the influence of drinking without a license.

However, in light of the fact that the defendant is too late to commit the crime, and other various sentencing factors shown in the arguments in this case, such as the age, sex, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment as set forth in the text shall be determined.