A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On June 9, 2016, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Daejeon District Court, and appealed on May 16, 2017 by imprisonment with prison labor for a crime of violating the Road Traffic Act at the Jeonju District Court on May 16, 2017, but the Defendant appealed for eight months.

7. 27. The appeal was dismissed and its judgment became final and conclusive.

Although the Defendant had been punished twice or more due to drinking driving as above, around May 11, 2017, around 21:57, the Defendant driven a d motor vehicle under the influence of alcohol level of about 0.129% while under the influence of alcohol level of 0.129% without obtaining a driver’s license from the front of the Defendant’s residence located in the former North non-Gun C, to the same military non-resident house located in the same military non-resident-Eup.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. References to inquiries, such as criminal history, reports on investigation (verification of the same past record), reports on the absence of disposition, and the application of Acts and subordinate statutes reporting the results of confirmation;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of weight is that the defendant has already been sentenced to a fine and a sentence due to driving of alcohol on several occasions, etc. In particular, even though he/she was under trial due to driving of alcohol, etc. at the time of driving in the instant case, he/she has been under trial due to drinking, driving without a license, and other various circumstances, such as the defendant's age, occupation and living environment, alcohol concentration and driving distance in blood of the defendant, etc.