A defendant shall be punished by imprisonment for seven months.

Punishment of the crime

On August 6, 2007, the Defendant was issued a summary order of a fine of three million won for a violation of road traffic law (drinking driving) at the Changwon District Court’s Tongwon District Court’s Tongwon District Court’s branch on July 26, 201 and a fine of four million won for the same crime on July 26, 2013, respectively.

On May 8, 2018, at around 21:54, the Defendant, without obtaining a driver’s license for a motor vehicle, driven B-learning motor vehicle at the section of approximately 1 km from the 0.101% alcohol concentration in blood, to the front road of the Gwangju Mine-gu, Gwangju, as the Defendant was under the influence of alcohol by 0.101%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on drinking driving;

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 same type of judgment attached thereto);

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable conditions: The Defendant again committed the instant crime without being aware of the fact that he was punished four times due to drinking or non-licensed driving prior to the instant case; on May 22, 2015, by committing a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egresing Vehicles); a violation of the Road Traffic Act (unauthorized Measures after Accidents); and a violation of the Road Traffic Act (unlicensed Driving) in the branch court of the Changwon District Court on March 2, 2015; and

C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.