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

Punishment of the crime

On June 18, 2009, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Ulsan District Court on the same day, and on April 26, 2010, a fine of KRW 1.5 million for the same crime at the same court, and on January 15, 2015, the Defendant was sentenced to a suspended sentence of six months for the same crime at the same court.

On May 15, 2017, the Defendant driven a motor vehicle with approximately 500 meters distance from the front side of the “Gu’s General House of Public Sector” located in Ulsan-si, Ulsan-do, to the front side of the “Seoul Mansan Hospital” located in the same side without a motor vehicle driver’s license in the state of drinking alcohol concentration of 0.106% from blood transfusion around 21:00.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 24) Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. When comprehensively considering the repetition of the same crime including a suspended sentence, the risk of recidivism, the drinking volume (0.106%) of the same crime, the circumstances to be particularly considered, etc. under Articles 53 and 55(1)3 of the Criminal Act, it is reasonable to give the defendant an opportunity to correct the defendant through isolation with society for a certain period of time: Provided, That the defendant is not accompanied by a traffic accident, but is in contravention of the fact that it is not accompanied by a traffic accident, and all the circumstances shown in the records and arguments, and is determined as per the disposition in consideration of various circumstances shown in the arguments;