A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On January 23, 2017, the Defendant was notified of a summary order of KRW 5 million for a crime of violating the Road Traffic Act in the Incheon District Court’s Branch Branch on January 23, 2017, and on May 26, 2017, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for a violation of the Road Traffic Act (driving) and the judgment became final and conclusive on June 3, 2017.

[Criminal facts] On June 16, 2018, the Defendant driven a vehicle with no driver’s license at around 22:10 on a zero point0:053% alcohol level in blood while under the influence of alcohol at around 0.053% in blood, and driven a approximately three hundred meters section in front of an E cafeteria located in D from the front of Kimpo-si, Kimpo-si to the front of an E cafeteria.

As a result, the defendant, who has driven a motor vehicle twice or more times, once again driven a motor vehicle while under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on a vehicle, report on the circumstances of a driver driving on a vehicle, inquiry into the results of crackdown on drinking, and the register of driver's licenses;

1. Previous convictions: A statement of inquiry about criminal history, investigation report (Attachment to the judgment of the case sentenced to a suspended sentence of criminal suspect), investigation report (Attachment to the previous judgment and attachment to the judgment), and application of each statute of the judgment

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 Criminal Act for mitigation of small amount of punishment - the defendant recognized and reflected the mistake.

- On May 26, 2017, the Defendant was sentenced to 2 years of probation, 40 hours of lecture for compliance driving, 200 hours of community service order, and 200 hours of probation, due to drinking driving and non-licensed driving on May 26, 2017, and again committed the same kind of crime during the probation period.

Before that, there is a record of being punished three times by a fine due to drinking driving or non-licensed driving.

- The defendant is a compliance consciousness related to driving.