A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On June 24, 2010, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act in the Sungnam Branch of the Suwon District Court on the grounds of the violation of the Road Traffic Act (driving). On June 26, 2014, the Seoul Southern District Court issued a summary order of 5 million won for a violation of the Road Traffic Act at the Seoul Southern District Court on several occasions, and the record of punishment for a violation of the Road Traffic Act (driving) has been imposed on several occasions. On June 19, 2015, the Seoul Southern District Court sentenced to imprisonment with prison labor for 6 months for the obstruction of performance of official duties and 2 years for a suspended sentence of 27th of the same month, which became final and conclusive during the period of suspension of execution.

【Criminal Facts】

On July 18, 2016, around 19:25, the Defendant driven Daba while under the influence of alcohol level of 0.171% without a driver’s license, at approximately 10 meters of blood alcohol level in front of Gwanak-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions: Criminal records, investigation reports (report attached to the same criminal records, etc.), each judgment, and application of Acts and subordinate statutes concerning summary order;

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 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment heavier than punishment and a punishment prescribed for a violation of the Road Traffic Act due to a drunk driving);

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant, other than the records of drunk driving as stated in its reasoning, has been punished for a drunk driving on several occasions, but there is a high possibility of criticism by driving without a license in a chronic state where the blood alcohol concentration exceeds 0.1%.

The defendant is a person who is in the current period of probation and is disqualified from probation.

In addition to the above circumstances, the Defendant’s age, character and conduct, environment, and motive and motive of the crime.