A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On August 26, 2015, the Defendant was issued a summary order of a fine of five million won by committing a violation of the Road Traffic Act at the Busan District Court on August 26, 2015, and on November 10, 2015, the Defendant was sentenced to a suspended sentence of one year for six months by imprisonment with prison labor for the same crime in the same court on November 18, 2015, and is still under the suspended sentence.

On August 2, 2016, at around 23:50, the Defendant driven a QM3 car from the Do near the Do in the vicinity of the Gung-dong, Busan, to the front of the Gagdong-dong, Gangseo-gu, Busan, under the influence of alcohol by 0.150% of the blood alcohol concentration without a car driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records: Application of inquiry reports and investigation reports (Attachment to the same type of electric records) and statutes, including criminal records;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Not only has the record of criminal punishment twice due to a normal drunk driving which is disadvantageous to the reasons for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation, but also has recognized and reflects the normal mistakes favorable to the fact that the instant crime was committed in the state of multiple times without being aware of the fact that the instant crime was committed during the period of suspension of the execution of the same crime. In addition, the punishment shall be determined as ordered by comprehensively taking into account the Defendant’s age, character and conduct, environment, circumstances leading to the instant crime, and circumstances after the crime.