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

Punishment of the crime

On November 17, 2014, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (drinking driving) at the Daejeon District Court on November 17, 2014, and a fine of KRW 5 million for a violation of the Road Traffic Act (drinking driving) at the Suwon District Court on June 14, 2017. On February 23, 2018, the Defendant was sentenced to a suspended sentence of KRW 6 months for a violation of the Road Traffic Act, and the said judgment became final and conclusive on March 3, 2018.

On April 13, 2018, at around 00:14, the Defendant driven a Category B car with alcohol content of 0.297% while under the influence of alcohol without a vehicle driver’s license from approximately 50 meters from the front of the Poter Park Doncheon-ro, 54-22 to the front of the Donsan-ro fishery road.

Summary of Evidence

1. Statement by the defendant in court;

1. A response to a request for appraisal, or a report on the detection of the principal driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgement, etc.);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the grounds for sentencing as set forth below) of the Act on the Reduction of Small Amount of Punishment [the scope of sentencing] ] The term 6 months to 6 months to 1 year and 6 months / [decision of sentencing] as set forth below, and other conditions of sentencing as set forth in the records, such as the Defendant’s age, sex and behavior, environment, motive for and circumstances after the commission of the crime, etc., shall be determined as set forth in the order.

The favorable circumstances show the attitude of recognizing the mistake of one's own, seriously against him, and that he will not drive in the future by selling a vehicle that has been owned after this case.

Unfavorable circumstances: