A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On March 28, 2012, the Defendant was sentenced to a fine of three million won due to a crime of violating the Road Traffic Act in the Busan District Court on March 28, 2012, the same court on August 25, 2015, and a fine of two million won due to a crime of violating the Road Traffic Act (driving), and on April 11, 2016, the same court was sentenced to five million won due to a crime of violating the Road Traffic Act (driving) in the same court on April 23, 2016, and on November 23, 2016, the same court was sentenced to imprisonment of eight months due to a violation of the Road Traffic Act ( Drinking), a violation of the Road Traffic Act (Non-Exclusive Driving), a violation of the Road Traffic Act (Non-Exclusive Driving) and two years due to a suspended sentence of two years on December 1 of the same year.

On March 4, 2018, the Defendant driven CM6 car under the influence of alcohol content of about 0.112% while under the influence of alcohol without a driver’s license, from the front side of the Yongwon Middle School located in the Yongsan-gu, Gowon-si, Gowon-si, Gowon-si to the front side of the Korea Coast Guard in the same Dong from March 4, 2018.

As a result, the Defendant violated the prohibition on drinking at least twice, and once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the text of a judgment and attachment of a summary order);

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;

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 (i.e., confession, reflective attitude, background of the crime, and various factors of sentencing), as stated in the criminal facts in the judgment of the defendant, have a record of having been punished several times due to drinking, non-licensed driving, etc., as stated in the judgment of the defendant. In particular, on November 23, 2016, the defendant was sentenced to 8 months of imprisonment and 2 years of suspension of execution at the Busan District Court.