A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] The Defendant was sentenced to a suspended sentence of six months of imprisonment for a violation of the Road Traffic Act (driving on December 9, 2016) at the Goyang Branch of the Jung-gu District Court on December 9, 2016 and it became final and conclusive on December 17, 2016; - 5 million won of a fine of 5 million won for a violation of the Road Traffic Act (driving on April 26, 2013); - a fine of 2.5 million won for a violation of the Road Traffic Act (driving on November 17, 201) at the Goyang Branch Branch of the Goyang Branch of the Government District Court on November 17, 2011.

【Criminal Facts】

피고인은 2018. 10. 27. 03:25경 자동차운전면허를 받지 아니하고, 혈중알코올 농도 0.085%의 술에 취한 상태에서 고양시 일산동구 백석동 부근 도로에서부터 서울 용산구 용산동6가 412-2 소재 ‘국립중앙박물관’ 앞 도로에 이르기까지 약 18km 구간에서 B 포르테쿱 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previouss before and after judgments: Criminal records, inquiry reports, confirmation of the same kind of power, judgment, application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation include three times the criminal records of punishment for drunk driving as stated in the judgment of the defendant, and the judgment of probation includes the judgment of probation. During the probation period, the pertinent drinking and non-licensed driving were conducted during the probation period, and the same kind of criminal records are relatively recent criminal records, the sentence is determined as ordered in consideration of all the circumstances.