A defendant shall be punished by imprisonment for not less than five months.

Punishment of the crime

[criminal power] On June 15, 2012, the Defendant was sentenced to one year of imprisonment and two years of suspended execution due to a violation of the Road Traffic Act (refluence of measurement), etc. at the Incheon District Court’s Busan District Court’s Branch, and on January 29, 2014, the same court was sentenced to a summary order of three million won of fine due to a violation of the Road Traffic Act (refluence of measurement) and a violation of the Road Traffic Act (unlicensed Driving).

【Criminal Facts】

On May 14, 2016, at around 00:40, the Defendant driven CY car under the influence of alcohol concentration of about 0.093% without the driver’s license from the section of about 3 km from the road in the Dondo-dong, Chungcheongnam-si, Seoul, to the road in front of the 111-20-Gu, Nam-dong, Nam-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Previous convictions indicated in the judgment: Criminal history records, investigation reports, and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, which apply to Acts and subordinate statutes, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (a point of driving without a license);

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

1. The Defendant committed the instant crime, in light of the fact that the Defendant committed the instant crime, even though he/she was sentenced to a suspended sentence on the grounds of the sentencing of selective sentence of imprisonment with prison labor and was sentenced to a fine again during the suspended sentence on the grounds that the Defendant committed the instant crime, even though he/she had been sentenced to a fine again during the suspended sentence period after being sentenced to a suspended sentence on the grounds of the suspended sentence on the grounds that the Defendant committed the instant crime.

However, the defendant has no record of criminal punishment except for the crime related to driving, the amount of drinking alcohol of this case is very high, the defendant is taking the lead of and is receiving medical treatment, and all other factors of sentencing shall be determined as the sentence like the order.