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

Punishment of the crime

On February 20, 2011, the Defendant was issued a summary order of 700,000 won by a fine for a violation of the Road Traffic Act at the Seoul Central District Court on February 20, 201, and on June 19, 2015, the Defendant was sentenced to a suspended sentence of 1 year for six months by imprisonment with prison labor at the Jung-gu District Court on June 19, 2015, and

On June 3, 2016, at around 22:14, the Defendant driven BM3 automobiles under the influence of alcohol content 0.123%, without obtaining a driver’s license, in a section of approximately 2km from the roads near Song-si, Masan-si, Masan-si, to the roads in front of the company engaging in the additional car industry located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the report on the situation of drinking driving, and the statement of the situation;

1. Report on the situation of driving without a license, report on the reason for disqualification, and the register of driver’s licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (verification during the same criminal records and the period of suspension of execution);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation may lead to a large accident by driving while the state of considerable decline in the ability of caution and physical exercise, and the risk may be considerably harmful to unspecified persons.

The defendant has already been punished for driving under the influence of alcohol at least twice again, and the defendant has temporarily driven the above SM3 vehicle by borrowing it from the friendship, but it is difficult to believe the above change of the vehicle due to repeated driving by using the same vehicle, and the defendant is still under the suspension of execution due to the same crime.