A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] The Defendant was sentenced to 6 months of imprisonment for a violation of the Road Traffic Act (driving of Drinking), and 3 years of the suspended sentence as of January 5, 2016, in support of the Sungnam branch of Suwon branch of December 28, 2015, and the above judgment became final and conclusive on January 5, 2016, and is currently under suspended sentence. On July 1, 2010, the same court issued a summary order of KRW 3 million for the same crime in the same court, and on November 26, 2007, issued a summary order of KRW 70,000 as of November 26, 2007, respectively, and was punished three times for a violation of the Road Traffic Act (driving of Drinking).

[Criminal facts] On March 2, 2017, the Defendant driven approximately 1 km of CMF5 vehicle without a vehicle driver’s license while under the influence of alcohol content of 0.148% in blood, from the shooting distance in the Sung-gu Central Hodong-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-gu.

As a result, the Defendant was punished for two times or more due to drinking, and was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the circumstantial records of drivers of drinking alcohol and the results of regulating drinking alcohol driving;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and an investigation report (verification of criminal punishment for a suspect's driving under influence of alcohol);

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 crime of driving under the influence of alcohol for the reason of sentencing under Articles 53 and 55(1)3 of the Act on the Mitigation of Small Quantity is an offense that may infringe not only on drivers but also the lives and bodies of citizens who use roads, and thus requires strict punishment.

Although the defendant has been punished several times due to drinking driving, it is inevitable to sentence him/her as a result of driving without a drinking license during the period of probation.

However, it is against the defendant, the driving distance is relatively short, the defendant's age, family environment, and the defendant's child to take care of, the circumstances of the crime, and after the crime.