A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On March 26, 2008, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 3 million for the same crime in the same court on November 3, 2009, and a summary order of KRW 3 million was issued in the same court on April 12, 201. On April 12, 201, the same court was sentenced to a suspended sentence of two years for imprisonment with labor for a crime of violating the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (licensed driving).

In addition, on June 13, 2017, the defendant was sentenced to a suspended sentence of one year of imprisonment with labor for a crime of violating road traffic laws (drinking driving) by the same court on the same day, and the judgment became final and conclusive on June 21, 2017 and is currently under suspended sentence.

[Criminal facts] On April 28, 2018, the Defendant driven an E 7-car under the influence of alcohol content of 0.113% while under the influence of alcohol without obtaining a driver’s license from around 1.5 km to the front of D apartment at the same time on the front road located in B at around April 28, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Fact-finding reports on the driver's circumstances and inquiry about the results of crackdown on drinking driving;

1. Registers of driver's licenses and detailed statements of revocation of driver's licenses;

1. Reporting on the arrest of a case;

1. Each investigation report (No. 5 and 11 No. 5 of the evidence list);

1. Previous convictions in judgment: Application of the provisions of Part VI Acts and subordinate statutes, such as a reply to inquiry, investigation report (Evidence List No. 14), reporting on the results of confirmation of previous convictions in disposition, and judgment, such as criminal history;

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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) of the Act on the Mitigation of Small Quantity are as follows: (a) the defendant has a majority of criminal records of drinking and non-licensed driving; and (b) the defendant has been punished twice as a suspended sentence of imprisonment with prison labor due to the same kind of crime.