A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On November 12, 2010, the Defendant was issued a summary order of KRW 4,00,000 by a fine for a violation of the Road Traffic Act at the Seoul Central District Court on November 12, 201, and on September 26, 2017, the Defendant was sentenced to a suspended sentence of three years for imprisonment with labor for a violation of the Road Traffic Act at least twice.

On October 13, 2017, around 02:45, the Defendant driven a C car under the influence of alcohol of about 0.142% of alcohol while under the influence of alcohol without obtaining a driver’s license from the Do in front of a mack-ro 247 in the Seocho-gu Seoul Western-ro 247 from the Do in front of a mack-ro 234-92, Seoyang-gu, Seoyang-gu, Seoyang-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination of the results of crackdown on driving under drinking (No. 2) and a statement of the situation of the driver under driving under drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes, such as a written inquiry about criminal history and text of judgment;

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 sentencing conditions stipulated under Article 51 of the Criminal Act, such as the Defendant’s age, sex, family environment, economic situation, motive for the commission of the crime, and circumstances after the commission of the crime, on the grounds specified in Articles 53 and 55(1)3 of the Criminal Act, shall be determined as ordered in light of the sentencing conditions stipulated under Article 51 of the Criminal Act.

Article 148-2 of the Road Traffic Act (amended by Act No. 10790, Jun. 8, 2011) provides that the punishment standards for drinking driving shall be differentiated depending on the frequency of drinking and the degree of alcohol concentration during blood, so as to prevent the driving of drinking which threatens the safety of road traffic and to realize the awareness of the driving of drinking.