A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On January 19, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (drinking driving) at the Busan District Court's Busan District Court on November 2, 2010, to a summary order of five million won for a violation of the Road Traffic Act (dacting driving) and a violation of the Road Traffic Act (dacting driving) at the Net Branch of the Gwangju District Court on November 2, 2010, and on September 7, 2017, the Defendant was sentenced to a suspended sentence of six months for imprisonment for a violation of the Road Traffic Act (dacting driving) at the Southern District Court's Southern District Court on September 15, 2017.

On April 21, 2018, at around 00:50, the Defendant driven a motor vehicle driver’s license in a section of approximately 300 meters from the front of a restaurant B, Hadong-gun, Seoul, to the front of D, located in C, without obtaining a driver’s license, while under the influence of alcohol content of about 0.130% during blood.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (report on the situation of the driver in charge); and

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a criminal suspect's previous conviction, summary order, etc.);

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 reason for sentencing under Articles 53 and 55(1)3 of the Act on Reduction of Small Quantity, even though the defendant was sentenced to a suspended sentence of imprisonment with prison labor for both the judgment that repeatedly committed a crime of drinking alcohol driving, the defendant was again under a suspended sentence of imprisonment with prison labor during the period of the suspended sentence.

However, there is no record that the defendant was aware of and against the time of committing the crime, there is no history of punishment exceeding the suspension of the execution of imprisonment, and the case was expected to be disadvantageous to the workplace life and was leading to marriage, and the age, sex, environment, circumstances leading to the crime, and drinking.