A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal record] On October 13, 2016, the Defendant was released on May 30, 2017 and the parole period expired on June 27, 2017 while he was sentenced to one year of imprisonment for fraud, etc. at the Seoul Central District Court.

On August 23, 2007, the Defendant was issued a summary order of KRW 3.5 million by the Seoul Southern District Court due to a violation of the Road Traffic Act (drinking driving), and on January 15, 2018, the Defendant was issued a summary order of KRW 5 million by the Incheon District Court due to a violation of the Road Traffic Act (drinking driving).

[2] On August 18, 2018, the Defendant, while under the influence of alcohol of 01:40% from blood, driven BCA105 0 meters from the front side of the Home 151-gil, Seo-gu Incheon, Seo-gu, Incheon, without obtaining a motor device bicycle license, to drive the Home Sheet in approximately 2km from the front side to the road of 344-1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. A traffic accident report;

1. An accident scene photograph;

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

1. A criminal investigation report ( telephone conversations of a witness in an accident);

1. Previous convictions in judgment: Inquiry about criminal history, current status of personal confinement, sentence of judgment, application of Acts and subordinate statutes of investigation report (formers and attachment);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The crime of this case was committed under Article 53 and Article 55(1)3 of the Criminal Act (the favorable circumstances for sentencing as set forth below) of the Act on the Mitigation of Small Quantity, and Article 55(1)3 (see, e.g., Supreme Court Decision 2008Da14488, Apr. 2, 2008).