A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[criminal history] The Defendant is a person who had been sentenced to imprisonment for 8 months, suspended sentence two years, and imprisonment for 10 months in the same court on July 4, 2014, and two or more years in the same court and was sentenced to imprisonment for 2 years in the enforcement of the Road Traffic Act at the Jung-gu District Court on July 28, 2010.

[2] On August 22, 2016, the Defendant driven a Bwing-III vehicle with approximately 10km alcohol concentration of about 0.17% while under the influence of alcohol level 0.17% without a motor vehicle driver’s license on the part of approximately 10km from the front day of the Damsan Pyeong-gun, Gyeonggi-gu, Gyeonggi-do, to the front day of the restaurant for the 10km Pyeong-gu, Gyeonggi-gu, Gyeong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and report on the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: Inquiries about criminal history, application of investigation reports (a suspect's drinking alcohol and report on confirmation of the history of driving without a license) Acts and subordinate statutes;

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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small quantities are convenient means of transport. However, since the dangerous articles that can be inferred with lethal weapons are dangerous articles, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in a normal state.

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due care and physical exercise has been significantly deteriorated, and it is highly likely to cause serious harm to unspecified persons.

In addition to the previous records of the judgment, the defendant had been punished several times due to driving of drinking, driving without a license, etc., but again, driving of drinking of this case.