A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[criminal history] On June 12, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on the same day. On August 11, 2016, the Defendant was sentenced to imprisonment for 8 months and 2 years of suspended execution for the same crime in the same court. The judgment became final and conclusive on August 19, 2016.

[Criminal facts] On June 9, 2018, the Defendant driven D EM car under the influence of alcohol with 0.234% alcohol while under the influence of alcohol without obtaining a driver's license on the front of Jung-gu Incheon Metropolitan City, Jung-gu, Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger, etc.;

1. Application of a reply to inquiry, such as criminal history, report on investigation (No. 8), text of judgment, and reference to the case under the Act and subordinate 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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the Defendant’s past record of being punished several times due to the Defendant’s violation of the Road Traffic Act and the violation of the Road Traffic Act (non-licenseed driving), the Defendant committed the same kind of crime during the suspended execution period, the Defendant’s blood alcohol concentration (0.234%) at the time of the instant case, while the Defendant recognized and against each of the instant crimes, and the Defendant’s spouse and fellows want the Defendant’s wife, other factors such as the Defendant’s age, sex behavior, environment, motive, means and method of each of the instant crimes, circumstances after the instant crimes, etc., and the sentence like the order shall be determined by comprehensively taking account of the following factors: