A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On September 30, 2010, the Defendant was notified of a fine of KRW 3 million for a crime of violating the Road Traffic Act in the Changwon District Court's Chang-gu branch on September 30, 201. On August 26, 2011, the Defendant was notified of a fine of KRW 3.5 million for the same crime, etc. in the same court on August 26, 201, and on November 2, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for the same crime, and the said judgment became final and conclusive on the 10th of the same month.

[2] On April 28, 2018, Defendant 1, who violated Article 44(1) of the Road Traffic Act two or more times, driven a DNA cargo vehicle under the influence of alcohol level of about 0.182% without obtaining a driver’s license from the “C” restaurant parking lot located in the Gyeong-gun, Chungcheongnam-gun, Seoul, to the adjacent road, around 15 meters from the “C” restaurant parking lot on April 28, 2018 to the adjacent road.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating driving of alcohol, notification of the results of regulating driving of alcohol, report on the circumstances of drivers of alcohol, investigation report (report on the circumstances of drivers of alcohol), and the register of drivers' licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as inquiries about criminal history, investigation reports (the identity of the previous records), and copies of judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) of the Road Traffic Act;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the crimes of violation of the Road Traffic Act (driving without a license) and the crimes of violation of the Road Traffic Act (driving without a license), and the punishment provided for the crimes of violation of the Road Traffic Act with a heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small volume are that the Defendant was punished five times by drinking alcohol driving, including the record of the first head of the crime as indicated in the judgment.

In particular, as seen earlier, in 2016, two years prior to the suspension of the execution of imprisonment with prison labor due to drinking and non-licensed driving.