A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On August 4, 2008, the Defendant was sentenced to a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on August 4, 2008; on November 7, 2008, the same court received a summary order of KRW 6 million as a fine for the same crime; on November 19, 2009, the Defendant was sentenced to a suspended sentence of six months for the same crime; and on March 20, 2014, the Defendant was sentenced to a summary order of KRW 5 million as a fine for the same crime and violated the provisions on prohibition of drinking under the Road Traffic Act more than twice.

On December 31, 2014, at around 19:40, the Defendant driven a Category C cargo vehicle without a car driver’s license, while under the influence of alcohol content of about 0.170%, from around 10 meters to about 10 meters to about the 10th military camping road located in the Gecheon-si, Kimcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a drinking driver, report on the status of a drinking driver, and inquiry into the results of the crackdown on drinking;

1. Registers of driver's licenses and disqualified meetings of the main office;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification reports on the same kind of records for driving sound);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation is that the defendant would not drink alcohol or drive without a license, and there are circumstances to take into account, such as the fact that the defendant would not drive a drinking or without a license, and that the defendant would be able to support the defendant.

However, the defendant not only has been punished by a fine due to an accident caused by drinking driving, but also on November 19, 2009.