A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On January 16, 2014, the Defendant was sentenced to imprisonment for six months or more with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act, and the suspension of execution for two years or more. On June 24, 2015, the Seoul Northern District Court sentenced a fine of two million won or more for a violation of the Road Traffic Act at the Seoul Northern District Court. On April 29, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving of Drinking) at the Incheon Northern District Court’s Vice Branch, and completed the enforcement of the sentence at the Incheon Detention District Court on October 29, 2016.

On November 1, 2017, at around 01:0, the Defendant driven a Cknife vehicle with approximately 100 meters alcohol concentration of 0.168% while under the influence of alcohol without a driver’s license, from the front side of the “North Korean New Airport” located in 54, 60-ro 60-gil, Dobong-gu, Seoul Metropolitan Government, to the front road of about 100-ro 60-ro 105, the Defendant driven a Cknife vehicle with alcohol content of 0.168% in blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Report on the circumstances of driving under the liquor:

1. Statement of the circumstances of the driver involved in driving;

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

1. The driver's license ledger;

1. Previous convictions: A reply to inquiries, such as criminal history, written judgments, and application of the Acts and subordinate statutes governing exchange for individuals;

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;

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

1. Selection of imprisonment with prison labor chosen;

1. Consideration, such as the fact that: (a) there was a history of having been punished several times for driving alcohol for reasons of sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) even during the period of repeated crime, the instant crime was committed again; (c) there was no unavoidable circumstance to make drinking and driving without a license; (d) the driving distance of drinking is relatively short; (c) there was a family member to support; and (d) there is a reflective nature of the person being supported